PROTIK PRAKASH BANERJEE,J. - (1.) Liberty is granted to the writ petitioner to add the Union of India, service through the Secretary of the appropriate Ministry pertaining to Petroleum products by whatever name called, service at the Branch Secretariat, Union Ministry of Law, Justice, Company and Legal Affairs, at 11, Strand Road through the learned Central Government advocate/Joint Secretary of such Ministry as added party respondent No. 5.
(2.) The learned advocate on record of the writ petitioner is directed to effect amendment in the cause title of the writ petition herein and now. The necessary changes/amendments to the file and register and all cause papers shall be made by the learned advocate on record of the writ petitioner after approaching the department at a mutually convenient time. Such amendment/correction to the file and register and cause papers shall be carried out within a period of three weeks from the server copy being made available. (ii) Liberty is also given to the petitioner to use a supplementary affidavit bringing on record a copy of the letter dated June 19, 2017 disclosed by the writ petitioner today and alleged to have been sent by the learned advocate acting on behalf of the competent authority Mr. Malay Kumar Maity. (iii) Copies of the amended parts of the writ petition especially the cause title at pages 3 and 4 shall be served once again on each of the respondents. A copy of the amended writ petition shall be served on the added respondent. The copies of the supplementary affidavit shall be served on each of the respondents including the added respondent. Such service shall be completed within two weeks from the date of effecting amendment as aforesaid.
(3.) It is the case of the writ petitioner that despite the statutory prohibition under Clause (c) of the proviso to Section 7 sub-Section (1) Clause (i) of the Petroleum and Minerals Pipelines (Acquisition of Right of User Inland) Act, 1962 (Act No. 50 of 1962) a pipeline has only been laid but in fact three pipelines have been laid by the respondent corporation under the land, which is appurtenant to his Kutcha dwelling house. Section 7(i) reads as follows:- 7. Central Government or State Government or corporation to lay pipelines.- (1) Where the right of user in any land has vested in the Central Government or in any State Government or Corporation under section 6- (i) it shall be lawful for any person authorised by the Central Government or such State Government or corporation, as the case may be, and his servants and workmen to enter upon the land and lay pipelines or to do any other act necessary for the laying of pipelines: Provided that no pipeline shall be laid under- (a) any land which, immediately before the date of the notification under sub-Section (1) of Section 3, was used for residential purposes; (b) any land on which there stands any permanent structure which was in existence immediately before the said date; (c) any land which is appurtenant to a dwelling house or (d) any land at a depth which is less than one metre from the surface;";