# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE V.G.ARUN`**
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
CRP NO. 270 OF 2020
```
```
AGAINST THE ORDER IN OP 143/2018 OF ADDITIONAL DISTRICT COURT
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2nd RESPONDENT:`**
```
CHIEF MANAGER,
```
```
GAS AUTHORITY OF INDIA (GAIL), KINFRA HIGHTECH PARK,
KALAMASSERY, HMT COLONY P.O, COCHIN-683 503
```
```
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENTS/PETITIONER AND 1ST RESPONDENT:`**
- `1 NALINI, AGED 51 YEARS D/O. GOVINDAN, VADAKKEPARAMBIL HOUSE, MANASSERY P.O, KOZHIKODE-673 602`
- `2 THE DEPUTY COLLECTOR, COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT ROAD, HMT COLONY P.O, KALAMASSERY, KOCHI-683 503 BY ADVS.`
```
SRI.K.M.JAMALUDHEEN
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
## **`CRP NO. 270 OF 2020 and connected cases`**
```
2
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE V.G.ARUN`**
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
CRP NO. 259 OF 2020
```
```
AGAINST THE ORDER IN OP 113/2018 OF ADDITIONAL DISTRICT COURT
```
```
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHIEF MANAGER, GAS AUTHORITY OF INDIA LTD (GAIL)
KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P.O,
COCHIN-683 503.
```
```
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENTS/PETITIONERS AND 1ST RESPONDENT:`**
- `1 KOMALAVALLY, AGED 55 YEARS, W/O. VELAYUDHAN, KUNNUMMEL, MUKKAM P.O, KOZHIKODE DISTRICT-673602`
- `2 SAVITHA, AGED 34 YEARS, D/O. VELAYUDHAN, KUNNUMMEL, MUKKAM P.O, KOZHIKODE DISTRICT-673 602`
- `3 SREEJA,AGED 29 YEARS, D/O. VELAYUDHAN, KUNNUMMEL, MUKKAM P.O, KOZHIKODE DISTRICT-673 602`
- `4 THE DEPUTY COLLECTOR, COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF. HMT ROAD, HMT COLONY P.O, KALAMASSERY, KOCHI 683 503`
```
BY ADVS.
```
```
SRI.K.M.JAMALUDHEEN
```
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL(INDIA) LIMITED,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
```
CRP NO. 270 OF 2020 and connected cases
```
```
3
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR.JUSTICE V.G.ARUN
```
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
```
```
CRP NO. 268 OF 2020
```
```
AGAINST THE ORDER IN OP 111/2018 OF ADDITIONAL DISTRICT COURT
```
```
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHEIF MANAGER, GAS AUTHORITY OF INDIA LTD (GAIL)
KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P. O.,
COCHIN - 683 503.
```
```
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENT/ PETITIONER AND 1ST RESPONDENT:`**
- `1 BIMAL KUMAR , AGED 39 YEARS S/O. BHASKARAN NAIR, VRINDAVANAM, PUNNAPURATH, MANASSERY P. O., KOZHIKODE - 673 602.`
- `2 THE DEPUTY COLLECTOR`
- `COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF. HMT ROAD, HMT COLONY P. O., KALAMASSERY, KOCHI - 683 503. BY ADVS.`
```
SRI.K.M.JAMALUDHEEN
```
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
```
4
```
## **`CRP NO. 270 OF 2020 and connected cases`**
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR.JUSTICE V.G.ARUN
```
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
```
```
CRP NO. 264 OF 2020
```
```
AGAINST THE ORDERT IN OP 115/2018 OF ADDITIONAL DISTRICT COURT
```
```
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHIEF MANAGER,
```
```
GAS AUTHORITY OF INDIA LTD. (GAIL), KINFRA HIGH TECH
PARK, KALAMASSERY, HMT COLONY P.O.COCHIN-683 503.
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENTS/PETITIONER & 1ST RESPONDENT:`**
- `1 BALAKRISHNAN,AGED 62 YEARS S/O THEYYAN, PARIKATHODIKAYIL , WEST MAMBETTA, MANASSERY P.O.KOZHIKODE DISTRICT-673 602.`
- `2 THE DEPUTY COLLECTOR,`
- `COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD (GAIL) KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF HMT ROAD, HMT COLONY P.O.KALAMASSERY,KOCHI-683 503. BY ADVS.`
```
SRI.K.M.JAMALUDHEEN
```
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
```
CRP NO. 270 OF 2020 and connected cases
```
```
5
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR.JUSTICE V.G.ARUN
```
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
CRP NO. 269 OF 2020
```
```
AGAINST THE ORDER IN OP 114/2018 OF ADDITIONAL DISTRICT COURT
```
```
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2ND RESPONDENT`**
```
CHIEF MANAGER, GAS AUTHORITY OF INDIA LTD(GAIL)
KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P.O.,
COCHIN - 683 503.
```
```
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENTS/PETITIONER AND 1ST RESPONDENT:`**
- `1 BEENA, AGED 49 YEARS W/O.ANILKUMAR, SARGAM, MANASSERY P.O., KOZHIKODE DISTRICT - 673 602.`
```
2THE DEPUTY COLLECTOR
COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL),
KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF. HMT
ROAD, HMT COLONY P.O., KALAMASSERY, KOCHI - 683 503.
BY ADVS.
```
```
SRI.K.M.JAMALUDHEEN
```
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
## **`CRP NO. 270 OF 2020 and connected cases`**
```
6
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR.JUSTICE V.G.ARUN
```
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
```
```
CRP NO. 277 OF 2020
```
```
AGAINST THE ORDER IN OS 112/2018 OF ADDITIONAL DISTRICT COURT
```
```
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHIEF MANAGER,
```
```
GAS AUTHORITY OF INDIA LTD (GAIL), KINFRA HIGH TECH PARK,
KALAMASSERY, HMT COLONY P O, COCHIN - 683503.
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENTS/PETITIONER AND 1ST RESPONDENT:`**
- `1 K.V.NARAYANAN NAIR,AGED 75 YEARS S/O. UNNYATHA AMMA, KEERIPOYIL, MANASSERY PO, KOZHIKODE DISTRICT - 673602,`
- `2 THE DEPUTY COLLECTOR COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD(GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT ROAD, HMT COLONY P O, KALAMASSERY, KOCHI - 683503. BY ADVS.`
```
SRI.K.M.JAMALUDHEEN
```
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
```
7
```
## **`CRP NO. 270 OF 2020 and connected cases`**
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE V.G.ARUN`**
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
```
```
CRP NO. 317 OF 2020
```
```
AGAINST THE ORDERT IN OP 159/2018 OF ADDITIONAL DISTRICT COURT,
```
## **`KOZHIKODE , KOZHIKODE, KOZHIKODE`**
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHIEF MANAGER
```
```
GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HIGH TECH
PARK, KALAMASSERY, HMT COLONY P.O., COCHIN-683503.
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENT/PETITIONER & 1ST RESPONDENT:`**
- `1 DEVI AMMA, AGED 62 YEARS D/O.NARAYANI AMMA, POOMADATHIL HOUSE, POONATH PO., NADAVANNUR (VIA), KOZHIKODE-673614.`
```
2THE DEPUTY COLLECTOR,
COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD(GAIL),
KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT
ROAD, HMT COLONY P.O., KALAMASSERY, KOCHI-683503.
BY ADVS.
```
```
SRI.K.M.JAMALUDHEEN
```
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
## **`CRP NO. 270 OF 2020 and connected cases`**
```
8
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR.JUSTICE V.G.ARUN
```
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
```
```
CRP NO. 315 OF 2020
```
```
AGAINST THE ORDER IN OP 148/2018 OF ADDITIONAL DISTRICT COURT
```
```
KOZHIKODE- II, KOZHIKODE
```
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHIEF MANAGER, GAS AUTHORITY OF INDIA LIMITED (GAIL)
KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P.O.,
COCHIN-683 503
```
```
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENT/PETITIONER AND 1ST RESPONDENT:`**
- `1 RAJESWARI ALIAS RAJESWARI SUKUMARAN W/O. SUKUMARAN, VADAKKE POKKITTATH HOUSE, (ASWATHI) MOLLADU POST, KOZHIKODE DISTRCT-673 614`
```
2THE DEPUTY COLLECTOR,
COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LIMITED
(,GAIL), K.K.B.M.P.L., PROJECT OFFICE, KINFRA HIGH TECH
PARK, OFF HMT ROAD, HMT COLONY P.O., KALAMASSERY,KOCHI-
683 503
```
```
BY ADVS.
SRI.K.M.JAMALUDHEEN
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
```
```
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
## **`CRP NO. 270 OF 2020 and connected cases`**
```
9
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE V.G.ARUN`**
```
THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
```
## **`CRP NO. 316 OF 2020`**
```
AGAINST THE ORDER IN OP 255/2018 OF ADDITIONAL DISTRICT COURT
```
## **`KOZHIKODE- II, KOZHIKODE`**
## **`REVISION PETITIONER/2ND RESPONDENT:`**
```
CHIEF MANAGER, GAS AUTHORITY OF INDIA LIMITED (GAIL)
GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HIGH TECH
PARK, KALAMASSERY, HMT COLONY P.O., COCHIN-683503.
BY ADV S.MOHAMMED AL RAFI
```
## **`RESPONDENTS/PETITIONERS AND 1ST RESPONDENT:`**
- `1 PADMINI AMMA, AGED 65 YEARS`
- `D/O.LAKSHMI AMMA, THOTTUKADAVATHU HOUSE, UNNIKULAM POST, KOZHIKODE DISTRICT-673574.`
- `2 LEELA AMMA,AGED 61 YEARS D/O.KARTHYAYANI AMMA, THOTTUKADAVATHU HOUSE, UNNIKULAM POST, KOZHIKODE DISTRICT-673574.`
- `3 DEPUTY COLLECTOR, COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LIMITED (GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT ROAD, HMT COLONY P.O., KALAMASSERY, KOCHI-683503. BY ADVS.`
- `SRI.K.M.JAMALUDHEEN`
```
SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
LIMITED, SC,
```
```
SMT.LATHA PRABHAKARAN
```
```
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
```
CRP NO. 270 OF 2020 and connected cases
```
```
10
```
## **O R D E R**
## **Dated this the 18th day of November, 2021**
The challenge in these Civil Revision Petitions is against the order of the District Court enhancing the compensation awarded to the respondents towards damages sustained and ten percent of market value, consequent to the laying of pipeline through their land. The singular contention raised by the petitioner is that the original petitions for compensation filed by the respondents are pre-mature, inasmuch as Section 10 of the Petroleum and Minerals Pipe Lines (Acquisition of Right of User in Land) Act 1962, (‘the Act’ for short) contemplates the determination of damages as well the market value, initially by the Competent Authority, after which alone the claimants’ right to approach the District Court would arise. For the sake of convenience Section 10 is extracted hereunder:-
## **Section 10: Compensation**
**Where in the exercise of the powers conferred by section 4, section**
```
CRP NO. 270 OF 2020 and connected cases
```
```
11
```
**7 or section 8 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the Central Government, the State Government or the corporation , as the case may be , shall be liable to pay compensation to such person for such damage, loss or injury , the amount of which shall be determined by the Competent Authority in the first instance.**
**(2) If the amount of compensation determined by the Competent Authority under sub-section(1)is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the District Judge within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that District Judge.**
**(3) The Competent Authority or the District Judge while determining the compensation under sub-section(1)or sub-section(2), as the case may be, shall have due regard to the damage or loss sustained by any person interested in the land by reason of--**
**(i) the removal of trees of standing crops, if any, on the land while exercising the power under section 4, section 7 or section 8;**
**(ii) the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of, such person; or**
**(iii) any injury to any other property, whether movable or immovable , or the earnings of such persons caused in any other manner:**
**Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of the notification under sub-section(1)of section 3.**
**(4) Where the right of user of any land has vested in the Central Government, the State Government or the corporation , the Central Government, the State Government or the corporation , as**
```
CRP NO. 270 OF 2020 and connected cases
```
## **`12`**
**the case may be, shall, in addition to the compensation, if any, payable under sub-section(1), be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten per cent. of the market value of that land on the date of the notification under sub-section(1)of section 3.**
**(5) The market value of the land on the said date shall be determined by the Competent Authority and if the value so determined by that authority is not acceptable to either of the parties, it shall, on application by either of the parties to the District Judge referred to in sub-section(2), be determined by that District Judge.**
- **(6) The decision of the District Judge under sub-section(2)or subsection(5)shall be final.**
2. From a reading of Section 10(1) it is clear that the amount of compensation due for the damages, loss or injury sustained by the claimants has to be determined by the Competent Authority at the first instance. As per Section 10(2), if the compensation so determined is not acceptable to either of the parties, they can approach the District Judge, within the limits of whose jurisdiction the land or any part thereof is situated. Thereupon, the District Judge has to determine the compensation, after taking into account the
```
CRP NO. 270 OF 2020 and connected cases
```
```
13
```
factors mentioned in Sub Section 3 of Section 10.
3.Section 10(4) makes it clear that in addition to the compensation for damages, a claimant would be entitled for 10% market value of the land over which the pipeline is laid. Under Section 10(5), market value of the land, as on the date of notification, has to be determined by the Competent Authority and the claimants can approach the District Court, if dissatisfied with such determination.
4.Indisputably, respondents herein had approached the District Court before the Competent Authority had determined the 10% market value of their land as mandated in Section10(5). In Deputy Collector – Competent Authority, Gail (India) Ltd., Kochi v. Admad Kutty and Another [2020 (6) KHC 99], rendered under similar circumstances, this Court interfered with the order of the District Judge enhancing compensation towards market value of land, as the claimants had approached the District Judge, before determination of the 10% market value by the Competent Authority. I am in
## **`CRP NO. 270 OF 2020 and connected cases`**
```
14
```
respectful agreement with the judgment. Hence, the impugned orders, insofar as it awards enhanced compensation towards market value of the land, is liable to be set aside.
5.It is pointed out that, under the impugned orders, compensation towards damages determined by the Competent Authority has also been enhanced. According to the learned Counsel for the claimants, determination of compensation towards damages and market value should be done simultaneously, since one may have an impact on the other. I find substantial merit in the submission. The provisions do not contemplate compartmentalized determination of compensation towards damages and land value. As per Section 10(4), determination of compensation towards 10% market value of land shall be in addition to compensation for damages, loss and injuries, indicating the determination of compensation under the two heads, damages and market value of land, to be a conjoint process.
Learned counsel for the Competent Authority submitted that orders determining 10% of market value of land have been passed in
```
15
```
## **`CRP NO. 270 OF 2020 and connected cases`**
all cases. Therefore, if the claimants have any grievance regarding the quantum of compensation, they are at liberty to approach the District Court seeking enhanced compensation towards damages as well as market value of land, if aggrieved by the compensation so fixed. While determining the time taken for approaching the District Court, the period during which the Civil Revision Petitions were pending before this court, shall be excluded.
The Civil Revision Petitions are disposed of accordingly.
**Sd/V.G ARUN JUDGE**
SJ