Deputy Collector & Competent Authority vs The Gail (India) Ltd., Represented By … on 29 June, 2026

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    Kerala High Court

    Deputy Collector & Competent Authority vs The Gail (India) Ltd., Represented By … on 29 June, 2026

    Author: Anil K. Narendran

    Bench: Anil K. Narendran

    W.A.Nos.3227 of 2025 & 1 of 2026      1               2026:KER:46837
    
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
                 THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
    
                                         &
    
                THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
    
             MONDAY, THE 29TH DAY OF JUNE 2026 / 8TH ASHADHA, 1948
    
                               WA NO. 3227 OF 2025
    
             AGAINST THE JUDGMENT DATED 03.12.2025 IN WP(C) NO.13664 OF
    
                       2025 OF THE HIGH COURT OF KERALA
    
    
    APPELLANT/1ST RESPONDENT:
    
                 DEPUTY COLLECTOR & COMPETENT AUTHORITY
                 GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HI-
                 TECH PARK, OFF-HMT ROAD, HMT COLONY P.O.,
                 KALAMASSERY, ERNAKULAM DISTRICT, KOCHI, PIN -
                 683503
    
    
                 BY ADVS.SRI.V.M.KRISHNAKUMAR
                 SMT.POOJA SUNIL
    
    RESPONDENTS/PETITIONER & 2ND RESPONDENT:
    
         1       THE GAIL (INDIA) LTD., REPRESENTED BY ITS GENERAL
                 MANAGER (O&M)
                 KINFRA HI-TECH PARK, OFF-HMT ROAD, HMT COLONY
                 P.O., KALAMASSERY, ERNAKULAM DISTRICT, KOCHI, PIN
                 - 683503
    
    
         2       KUNHAMMED @ THARAKA AMMED
                 S/O POCKER, THARAKA HOUSE, KAKKAMVALLY, NADAPURAM
                 P.O., KOZHIKODE, PIN - 673504
    
    
                 BY ADV SRI.C.ANIL KUMAR
     W.A.Nos.3227 of 2025 & 1 of 2026   2                2026:KER:46837
    
    
         OTHER PRESENT:
    
                 SRI. A.R.L. SUNDARESAN, ASGI
    
          THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.06.2026,
    ALONG WITH WA.1/2026, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
     W.A.Nos.3227 of 2025 & 1 of 2026      3               2026:KER:46837
    
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
                 THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
    
                                         &
    
                THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
    
             MONDAY, THE 29TH DAY OF JUNE 2026 / 8TH ASHADHA, 1948
    
                                 WA NO. 1 OF 2026
    
             AGAINST THE JUDGMENT DATED 03.12.2025 IN WP(C) NO.14191 OF
    
                       2025 OF THE HIGH COURT OF KERALA
    
    
    APPELLANT/1ST RESPONDENT
    
                 DEPUTY COLLECTOR & COMPETENT AUTHORITY
                 GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HI-
                 TECH PARK, OFF-HMT ROAD, HMT COLONY P.O.,
                 KALAMASSERY, ERNAKULAM DISTRICT, KOCHI, PIN -
                 683503
    
    
                 BY SRI.ARL SUNDARESAN, ADDL.SOLICITOR GENERAL OF
                 INDIA
                 ADVS.SRI.V.M.KRISHNAKUMAR
                 SMT.POOJA SUNIL
    
    RESPONDENTS/PETITIONER & 2ND RESPONDENT:
    
         1       THE GAIL (INDIA) LTD.
                 REPRESENTED BY ITS GENERAL MANAGER (O&M), KINFRA
                 HI-TECH PARK, OFF-HMT ROAD, HMT COLONY P.O.,
                 KALAMASSERY, ERNAKULAM DISTRICT, KOCHI, PIN -
                 683503
    
    
         2       ONTHATH ABBAS
                 S/O MOIDU, THUNERI P.O., THUNERI, PIN - 673505
     W.A.Nos.3227 of 2025 & 1 of 2026   4                2026:KER:46837
    
                 BY ADV SRI.C.ANIL KUMAR
    
    OTHER PRESENT:
    
                 SRI. A.R.L. SUNDARESAN, ASGI
    
    
    
          THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.06.2026,
    ALONG WITH WA.3227/2025, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
     W.A.Nos.3227 of 2025 & 1 of 2026      5                2026:KER:46837
    
    
                                                                "C.R"
                                   JUDGMENT
    

    Anil K. Narendran, J.

    These writ appeals are filed by the 1st respondent in

    SPONSORED

    W.P.(C)No.13664 of 2025 and W.P.(C)No.14191 of 2025, namely,

    the Deputy Collector and Competent Authority under the

    Petroleum and Minerals Pipelines (Acquisition of Right of User in

    Land) Act, 1962, invoking the provisions under Section 5(i) of the

    Kerala High Court Act, 1958, challenging the common judgment

    dated 03.12.2025 of the learned Single Judge in those writ

    petitions filed by 1st respondent herein-Gas Authority of India

    Limited (GAIL), represented by its General Manager, invoking the

    extraordinary jurisdiction of this Court under Article 226 of the

    Constitution of India.

    2. W.P.(C)No.13664 of 2025 was filed by GAIL, seeking a

    writ of certiorari to quash Ext.P11 communication dated

    10.08.2024 and Ext.P12 communication dated 18.09.2024 of the

    Competent Authority; a declaration that the Competent Authority

    lacks jurisdiction to conduct an inquiry under sub-section (3) of

    Section 9 of the Petroleum and Minerals Pipelines (Acquisition of

    Right of User in Land) Act, 1962 and hence Exts.P11 and P12 are

    without jurisdiction; a writ of mandamus commanding the
    W.A.Nos.3227 of 2025 & 1 of 2026 6 2026:KER:46837

    Competent Authority to file an application based on Ext.P8

    proforma report before the court of competent jurisdiction, as

    provided in sub-section (3) of Section 9 of the said Act. Along with

    the writ petition, the petitioner-GAIL produced Exts.P1 to P14.

    2.1. W.P.(C)No.14191 of 2025 was filed by GAIL, seeking a

    writ of certiorari to quash Ext.P9 communication dated 10.08.2024

    and Ext.P10 communication dated 18.09.2024 issued by the

    Competent Authority; a declaration that the Competent Authority

    lacks jurisdiction to conduct an inquiry under sub-section (3) of

    Section 9 of the Petroleum and Minerals Pipelines (Acquisition of

    Right of User in Land) Act, 1962 and hence Ext.P9 and P10 are

    without jurisdiction; a writ of mandamus commanding the

    Competent Authority to file an application based on Ext.P6

    proforma report before the court of competent jurisdiction, as

    provided in sub-section (3) of Section 9 of the said Act. Along with

    the writ petition, the petitioner-GAIL produced Exts.P1 to P12.

    3. The 1st respondent-Competent Authority filed counter

    affidavits dated 20.05.2025 in both the writ petitions, opposing

    the reliefs sought for, producing therewith Ext.R1A proforma

    report submitted by GAIL. The 2nd respondent in W.P.(C)No.13664

    of 2025 has also filed a counter affidavit dated 19.08.2025.
    W.A.Nos.3227 of 2025 & 1 of 2026 7 2026:KER:46837

    4. After considering the pleadings and materials on record

    and the submissions made at the Bar, the learned Single Judge,

    by a common judgment dated 03.12.2025, allowed the writ

    petitions, by setting aside Ext.P11 communication dated

    10.08.2024 of the 1st respondent in W.P.(C)No.13664 of 2025 and

    Ext.P9 communication dated 10.08.2024 in W.P.(C)No.14191 of

    2025, and directed the Competent Authority to reconsider the

    proforma reports submitted by the petitioner-GAIL afresh, in the

    light of the observations contained therein, within a period of two

    months from the date of receipt of a copy of that judgment. The

    petitioner was given liberty to seek correction of the proforma

    reports. Paragraphs 9 to 11 of the common judgment dated

    03.12.2025 read thus;

    “9. If the petitioner had made any mistake in the Proforma
    Application, the petitioner should have taken steps to
    correct the said mistake. No Application was submitted by
    the petitioner to the Competent Authority pointing out that
    the petitioner committed a mistake while preparing the
    Proforma Application and seeking correction of the same.
    The petitioner could have submitted an application for
    rectification or correction or an application explaining the
    mistake before the 1st respondent. If the Proforma
    Application itself would reveal that the construction was
    made after publication of Section 6(1) declaration, it is well
    W.A.Nos.3227 of 2025 & 1 of 2026 8 2026:KER:46837

    within the competence of the 1st respondent to refuse to file
    the Application under Section 9(3) to Court of District Judge,
    as the said provision permits filing of Application by the
    Competent Authority for removal of construction made after
    the publication of Section 6(1) declaration. But Section 6(1)
    of the PMP Act does not authorise the Competent Authority
    to conduct an enquiry as to the veracity of the allegations
    to decide whether the application is to be submitted by it
    before the Court of District Judge under Section 9(3) of the
    PMP Act for removal of the construction objected to by the
    petitioner. It is within the jurisdiction of the Court of District
    Judge to conduct such an enquiry and decide whether the
    objected construction was made before the publication of
    the Section 6(1) declaration for ordering removal of the
    same. The impugned orders in both the writ petitions would
    show that the Competent Authority conducted an enquiry
    and entered a finding that the construction was made before
    the publication of Section 6(1) declaration. The impugned
    orders are liable to be set aside on this score alone.

    10. Of course, certain powers of the Civil Court are conferred
    on the Competent Authority under Section 12 of the PMP
    Act, but those powers do not enable the Competent
    Authority to conduct an enquiry as to the veracity of the
    allegations in the Proforma Application to decide whether
    the Application is to be submitted by it before the Court of
    District Judge under Section 9(3) of the PMP Act for removal
    of the construction objected to by the petitioner. No
    preliminary enquiry whatsoever is contemplated under
    Section 9(3) of the PMP Act before submission of the
    W.A.Nos.3227 of 2025 & 1 of 2026 9 2026:KER:46837

    application to the Court of District Judge on receipt of a
    request for removal of objected construction.

    11. Accordingly, I allow these writ petitions by issuing a writ
    of certiorari setting aside Ext.P11 order in W.P.(C) No.13664
    of 2025 and Ext.P9 order in W.P.(C)No.14191 of 2025 and
    directing the 1st respondent to reconsider the Proforma
    Applications submitted by the petitioner afresh in the light
    of the observations contained herein, within a period of two
    months from the date of receipt of a copy of this judgment.
    The petitioner is given liberty to seek correction of the
    Proforma Application.” (underline supplied)

    5. The judgment of the learned Single Judge dated

    03.12.2025 in W.P.(C)No.13664 of 2025 is under challenge in

    W.A.No.3227 of 2025, and the judgment in W.P.(C)No.14191 of

    2025 is under challenge in W.A.No.1 of 2026. Along with

    W.A.No.3227 of 2025, Annexure 1 is produced as an additional

    document. Along with W.A.No.1 of 2026, Annexure A1 is produced

    as additional document.

    6. On 08.01.2026, when these writ appeals came up for

    admission, the learned Standing Counsel for GAIL took notice on

    admission for the 1st respondent in both the writ appeals. Urgent

    notice on admission by special messenger was ordered to the 2nd

    respondent in the respective writ appeals, returnable by

    12.01.2026.

    W.A.Nos.3227 of 2025 & 1 of 2026 10 2026:KER:46837

    7. On 12.01.2026, when these writ appeals came up for

    consideration, it was reported by Registry that notice issued to the

    2nd respondent in W.A.No.1 of 2026 returned with an endorsement

    ‘working abroad’. Service of notice was complete on the 2nd

    respondent in W.A.No.3227 of 2025. Pursuant to the orders of this

    Court, service of notice on the 2nd respondent in W.A.No.1 of 2026

    was effected by paper publication. A copy of the paper publication

    was placed on record, along with a memo dated 25.03.2026 filed

    in W.A.No.1 of 2026 by the learned instructing counsel. By the

    order dated 08.04.2026, service of notice was declared complete

    on the 2nd respondent in W.A.No.1 of 2026.

    8. Along with I.A.No.3 of 2026 in W.A.No.3227 of 2025,

    the 1st respondent-GAIL has placed on record Annexures R1(a) to

    R1(e) additional documents to show that Sri. Shajahan S., the

    Deputy Collector and the Competent Authority, has already been

    repatriated on 28.05.2026, on expiry of the term of deputation, to

    join his parent department on 29.05.2026. The learned Senior

    Counsel for the appellant sought time to get instructions, through

    the learned instructing counsel. Annexures R1(a) to R1(e) are also

    placed on record as additional documents in W.A.No.1 of 2026.
    W.A.Nos.3227 of 2025 & 1 of 2026 11 2026:KER:46837

    9. Heard the learned Senior Counsel for the appellant-

    Competent Authority and the learned Additional Solicitor General

    of India for the 1st respondent-GAIL. Despite service of notice,

    none appears for the 2nd respondent in the respective writ appeals.

    During the course of arguments, the learned Additional Solicitor

    General of India would submit that this Court need not consider

    the contentions raised by the 1st respondent-GAIL with reference

    to the additional documents marked as Annexures R1(a) to R1(e)

    in both the writ appeals.

    10. The learned Senior Counsel for the appellant-1st

    respondent and also the learned Additional Solicitor General of

    India for the 1st respondent-petitioner addressed detailed

    arguments with specific reference to the provisions contained in

    the Petroleum and Minerals Pipelines (Acquisition of Right of User

    in Land) Act, 1962 (Act 50 of 1962).

    11. The learned Senior Counsel for the appellant-1st

    respondent would submit that the finding of the learned Single

    Judge in the impugned Judgment dated 03.12.2025 that on

    receipt of a proforma report from GAIL, no preliminary inquiry

    whatsoever by the Competent Authority is contemplated under

    sub-section (3) of Section 9 of Act 50 of 1962 before an application
    W.A.Nos.3227 of 2025 & 1 of 2026 12 2026:KER:46837

    being made to the Court of the District Judge within the local limits

    of whose jurisdiction such land is situate, is legally unsustainable.

    The Competent Authority, in exercise of its powers under sub-

    section (3) of Section 9 of Act 50 of 1962, is not expected to make

    an application to the Court of the District Judge within the local

    limits of whose jurisdiction the land in question is situate, when a

    proforma report submitted by GAIL does not prima facie reveal

    any objectionable construction, excavation or planting of any tree,

    as enumerated in clauses (a) to (c) of sub-section (3) of Section

    9.

    12. The learned Additional Solicitor General of India for the

    1st respondent-petitioner would contend that no interference is

    warranted on the impugned Judgment dated 03.12.2025 of the

    learned Single Judge, since the learned Single Judge has only

    directed the Competent Authority to consider the applications

    made by GAIL afresh, after the submission of corrected proforma

    reports. In addition to a sketch, the corrected proforma reports to

    be submitted by GAIL before the Competent Authority shall also

    contain satellite imagery and other materials to prima facie reveal

    the objectionable construction, excavation or planting of any tree,
    W.A.Nos.3227 of 2025 & 1 of 2026 13 2026:KER:46837

    as enumerated in clauses (a) to (c) of sub-section (3) of Section

    9.

    13. The Petroleum and Minerals Pipelines (Acquisition of

    Right of User in Land) Act, 1962 (Act 50 of 1962) provides for the

    acquisition of right of user in land for laying pipelines for the

    transport of petroleum and minerals and for matters connected

    therewith. Clause (a) of Section 2 of Act 50 of 1962 defines

    ‘Competent Authority’ to mean any person or authority authorised

    by the Central Government, by notification in the Official Gazette,

    to perform the functions of the competent authority under this Act

    and different persons or authorities may be authorised to perform

    all or any of the functions of the Competent Authority under this

    Act, in the same area or different areas specified in the

    notification.

    14. Section 3 of Act 50 of 1962 deals with publication of

    notification for acquisition; Section 4 deals with power to enter,

    survey, etc.; Section 5 deals with hearing of objections by any

    person interested in the land, made within twenty-one days from

    the date of the notification under sub-section (1) of Section 3, by

    the Competent Authority; and Section 6 deals with declaration of

    acquisition of right of user. In view of the provisions under sub-
    W.A.Nos.3227 of 2025 & 1 of 2026 14 2026:KER:46837

    section (2) of Section 6, on the publication of the declaration under

    sub-section (1) that the right of user in land for laying the

    pipelines should be acquired, on being satisfied that such land is

    required for laying any pipelines for the transport of petroleum or

    any mineral, the right of user in the land specified therein shall

    vest absolutely in the Central Government free from all

    encumbrances.

    15. Section 7 of Act 50 of 1962 empowers the Central

    Government or State Government or a Corporation, as defined in

    clause (b) of Section 2, to lay pipelines; and Section 8 deals with

    power to enter land for inspection, etc. Section 9, which deals with

    restrictions regarding the use of land, reads thus;

    “9. Restrictions regarding the use of land.- (1) The owner
    or occupier of the land with respect to which a declaration
    has been made under sub-section (1) of section 6, shall be
    entitled to use the land for the purpose for which such land
    was put to use immediately before the date of the
    notification under sub-section (1) of Section 3:

    Provided that, such owner or occupier shall not after the
    declaration under sub-section (1) of Section 6-

    (i) construct any building or any other structure;

    (ii) construct or excavate any tank, well, reservoir or dam;
    or

    (iii) plant any tree, on the land.

    W.A.Nos.3227 of 2025 & 1 of 2026 15 2026:KER:46837

    (2) The owner or occupier of the land under which any
    pipeline has been laid shall not do any act or permit any
    act to be done which will or is likely to cause any damage
    in any manner whatsoever to the pipeline.

    (3) Where the owner or occupier of the land with respect
    to which a declaration has been made under sub-section
    (1) of Section 6-

    (a) constructs any building or any other structure,
    or

    (b) constructs or excavates any well, tank,
    reservoir or dam, or

    (c) plants any tree,
    on that land, the Court of the District Judge within the local
    limits of whose jurisdiction such land is situate may, on an
    application made to it by the competent authority and after
    holding such inquiry as it may deem fit, cause the building,
    structure, reservoir, dam or tree to be removed or the well
    or tank to be filled up, and the costs of such removal or
    filling up shall be recoverable from such owner or occupier
    in the same manner as if the order for the recovery of such
    costs were a decree made by the Court.”

    (underline supplied)

    16. A reading of the provisions under Section 9 of Act 50

    of 1962 would make it explicitly clear that after the declaration

    made under sub-section (1) of Section 6 that the right of user in

    land for laying the pipelines should be acquired, on being satisfied

    that such land is required for laying any pipelines for the transport
    W.A.Nos.3227 of 2025 & 1 of 2026 16 2026:KER:46837

    of petroleum or any mineral, the owner or occupier of the land

    with respect to which such a declaration has been made, shall be

    entitled to use the land for the purpose for which such land was

    put to use immediately before the date of the notification under

    sub-section (1) of Section 3. In view of the prohibition contained

    in the proviso to sub-section (1) of Section 9, such owner or

    occupier shall not, after the declaration under sub-section (1) of

    Section 6, construct any building or any other structure; or

    construct or excavate any tank, well, reservoir or dam; or plant

    any tree, on the land. As per the mandate of sub-section (2) of

    Section 9, the owner or occupier of the land under which any

    pipeline has been laid shall not do any act or permit any act to be

    done which will or is likely to cause any damage in any manner

    whatsoever to the pipeline.

    17. Sub-section (3) of Section 9 of Act 50 of 1962 deals

    with a situation where the owner or occupier of the land, after the

    declaration under sub-section (1) of Section 6, constructs any

    building or any other structure; constructs or excavates any tank,

    well, reservoir or dam; or plants any tree, on the land. In which

    event, on an application made by the Competent Authority to the

    Court of the District Judge within the local limits of whose
    W.A.Nos.3227 of 2025 & 1 of 2026 17 2026:KER:46837

    jurisdiction such land is situate, the said Court, after holding such

    inquiry as it may deem fit, cause the building, structure, reservoir,

    dam or tree to be removed or the well or tank to be filled up, and

    the costs of such removal or filling up shall be recoverable from

    such owner or occupier in the same manner as if the order for the

    recovery of such costs were a decree made by the Court. A plain

    reading of sub-section (3) of Section 9 would make it explicitly

    clear that the inquiry contemplated in sub-section (3) of Section 9

    is an inquiry by the Court of the District Judge on an application

    made by the Competent Authority, and not an inquiry by the

    Competent Authority before making an application to the Court of

    the District Judge.

    18. Section 10 of Act 50 of 1962 deals with compensation.

    As per sub-section (1) of Section 10, where in the exercise of the

    powers conferred by Section 4, Section 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 Corporations, as the case may be, shall be

    liable to pay compensation to such person for such damage, loss
    W.A.Nos.3227 of 2025 & 1 of 2026 18 2026:KER:46837

    or injury, the amount of which shall be determined by the

    Competent Authority in the first instance.

    19. As per the provisions under Section 12 of Act 50 of

    1962, the Competent Authority, for the purposes of the said Act,

    shall have all the powers of a Civil Court while trying a suit under

    the Code of Civil Procedure, 1908, in respect of the matters

    enumerated in clauses (a) to (e). Section 12 reads thus;

    “12. Competent authority to have certain powers of civil
    court.- The competent authority shall have, for the
    purposes of this Act, all the powers of a civil court while
    trying a suit under the Code of Civil Procedure, 1908, in
    respect of the following matters, namely:-

    (a) summoning and enforcing the attendance of
    any person and examining him on oath;

    (b) requiring the discovery and production of any
    document;

    (c) reception of evidence on affidavits;

    (d) requisitioning any public record from any
    court or office;

    (e) issuing commission for examination of
    witnesses.” (underline supplied)

    20. In view of the provisions under Section 12 of Act 50 of

    1962, the Competent Authority, while hearing objections under

    Section 5 of the Act, by any person interested in the land, made

    within twenty-one days from the date of the notification under
    W.A.Nos.3227 of 2025 & 1 of 2026 19 2026:KER:46837

    sub-section (1) of Section 3; or determination of compensation

    under Section 10, where in the exercise of the powers conferred

    by Section 4, Section 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, shall have all the powers of a Civil Court while trying a suit

    under the Code of Civil Procedure, in respect of the matters

    enumerated in clauses (a) to (e) to Section 12.

    21. As already found, the inquiry contemplated in sub-

    section (3) of Section 9 is an inquiry by the Court of the District

    Judge on an application made by the Competent Authority, and

    not an inquiry by the Competent Authority before making an

    application to the Court of the District Judge. Therefore, the

    provisions under Section 12 have no application while the

    Competent Authority, in exercise of its powers under sub-section

    (3) of Section 9, makes an application to the Court of the District

    Judge within the local limits of whose jurisdiction such land is

    situate, based on a proforma report made by GAIL, pointing out

    that the owner or occupier of the land, after the declaration under

    sub-section (1) of Section 6, has constructed any building or any
    W.A.Nos.3227 of 2025 & 1 of 2026 20 2026:KER:46837

    other structure; constructed or excavated any tank, well, reservoir

    or dam; or planted any tree, on such land.

    22. In the impugned judgment, the learned Single Judge

    held that sub-section (3) of Section 9 of Act 50 of 1962 does not

    authorise the Competent Authority to conduct an inquiry as to the

    veracity of the allegations. On receipt of a proforma report, no

    preliminary inquiry whatsoever by the Competent Authority is

    contemplated under sub-section (3) of Section 9, before an

    application being made to the Court of the District Judge within

    the local limits of whose jurisdiction such land is situate.

    23. As already found, sub-section (3) of Section 9 of Act 50

    of 1962 deals with a situation where the owner or occupier of the

    land, after the declaration under sub-section (1) of Section 6,

    constructs any building or any other structure; constructs or

    excavates any tank, well, reservoir or dam; or plants any tree, on

    that land. In which event, the Competent Authority has to make

    an application to the Court of the District Judge within the local

    limits of whose jurisdiction such land is situate. On such

    application, the said Court, after holding such inquiry as it may

    deem fit, shall cause the building, structure, reservoir, dam or tree

    to be removed or the well or tank to be filled up, and the costs of
    W.A.Nos.3227 of 2025 & 1 of 2026 21 2026:KER:46837

    such removal or filling up shall be recoverable from such owner or

    occupier.

    24. The application to be made by the Competent Authority

    to the Court of the District Judge within the local limits of whose

    jurisdiction such land is situate, invoking the provisions under sub-

    section (3) of Section 9 of Act 50 of 1962, based on a proforma

    report made by GAIL, shall contain facts and materials to prima

    facie show that the owner or occupier of the land, after the

    declaration under sub-section (1) of Section 6, has constructed

    any building or any other structure; constructed or excavated any

    tank, well, reservoir or dam; or planted any tree, on such land, in

    violation of the prohibition contained in the proviso to sub-section

    (1) of Section 9.

    25. In the instant case, in Ext.P8 proforma report in

    W.P.(C)No.13664 of 2025 and Ext.P6 proforma report in

    W.P.(C)No.14191 of 2025, the year of construction is shown as

    2010 and 2008 respectively, and the year of laying pipeline as

    2018-19. Going by the averments in the writ petitions, the

    declaration under sub-section (1) of Section 6 of Act 50 of 1962

    was published on 08.08.2013, and the pipeline was laid in the

    property of the 2nd respondent during 2018-19. In the property of
    W.A.Nos.3227 of 2025 & 1 of 2026 22 2026:KER:46837

    the 2nd respondent in W.P.(C)No.13664 of 2025, the objectionable

    structures detected in the inspection conducted in December,

    2023 are a toilet and shed and also extension of a sheet structure

    over the pipeline. In the property of the 2nd respondent in

    W.P.(C)No.14191 of 2025, the objectionable structure detected in

    the inspection conducted in December, 2023 is a permanent

    structure – car porch constructed in the area over the pipeline.

    Before the learned Single Judge, the submission made by the

    learned Standing Counsel for GAIL was that there occurred a

    mistake while preparing the proforma reports. Instead of stating

    the year of the objected construction, the year of the original

    construction on the land was stated. Along with the writ petitions,

    Mahazar and satellite imagery were produced to show that the

    objected constructions were made after the declaration under sub-

    section (1) of Section 6 of Act 50 of 1962. However, none of these

    facts and materials was before the Competent Authority in Ext.P8

    proforma report in W.P.(C)No.13664 of 2025 and Ext.P6 proforma

    report in W.P.(C)No.14191 of 2025. Both proforma reports do not

    contain facts and materials to prima facie show that the 2nd

    respondent in both writ petitions, who is the owner of the land,

    made the objected construction(s) in violation of the prohibition
    W.A.Nos.3227 of 2025 & 1 of 2026 23 2026:KER:46837

    contained in the proviso to sub-section (1) of Section 9 of Act 50

    of 1962.

    26. Though no preliminary inquiry by the Competent

    Authority is contemplated under sub-section (3) of Section 9, into

    the veracity of the allegations in a proforma report as to the

    alleged construction, excavation, etc., the Competent Authority is

    well within its powers to insist that a proforma report made by

    GAIL shall necessarily contain facts and materials to prima facie

    show that the owner or occupier of the land made such

    construction, excavation, etc., in violation of the prohibition

    contained in the proviso to sub-section (1) of Section 9. Such facts

    and materials shall necessarily form the basis of the application to

    be made by the Competent Authority to the Court of the District

    Judge. Since, absence of such facts and materials will be fatal to

    an application filed under sub-section (3) of Section 9, the

    Competent Authority is not expected to act as a ‘post office’, on

    receipt of a proforma report made by GAIL, by merely making an

    application to the Court of the District Judge, even without

    satisfying itself that the proforma report contains such facts and

    materials to make out a prima facie case.

    W.A.Nos.3227 of 2025 & 1 of 2026 24 2026:KER:46837

    27. For the reasons stated hereinbefore, we hold as

    follows;

    (i) A proforma report made by GAIL before the Competent
    Authority to make an application to the Court of the District
    Judge under sub-section (3) of Section 9 of Act 50 of 1962
    shall contain facts and materials to prima facie show that
    the owner or occupier of the land made such construction,
    excavation, etc., in violation of the prohibition contained in
    the proviso to sub-section (1) of Section 9;

    (ii) The Inquiry contemplated in sub-section (3) of Section
    9
    is an inquiry by the Court of the District Judge on an
    application made by the Competent Authority, and not an
    inquiry by the Competent Authority before making an
    application to the Court of the District Judge;

    (iii) The provisions under Section 12 have no application
    while the Competent Authority, in exercise of its powers
    under sub-section (3) of Section 9, makes an application to
    the Court of the District Judge within the local limits of
    whose jurisdiction such land is situate, based on a proforma
    report made by GAIL;

    (iv) Though no preliminary inquiry by the Competent
    Authority is contemplated under sub-section (3) of Section
    9
    , into the veracity of the allegations in a proforma report
    as to the alleged construction, excavation, etc., the
    Competent Authority is well within its powers to insist that
    a proforma report made by GAIL shall necessarily contain
    facts and materials to prima facie show such construction,
    excavation, etc., in violation of the prohibition contained in
    the proviso to sub-section (1) of Section 9;

    W.A.Nos.3227 of 2025 & 1 of 2026 25 2026:KER:46837

    (v) In exercise of the power under sub-section (3) of Section
    9
    , the Competent Authority can require GAIL to submit a
    proper proforma report with such facts and materials, either
    by way of correction/amendment or by filing a fresh
    proforma report;

    (vi) In addition to the plan/sketch with the details of the
    construction, excavation, etc., made in violation of the
    prohibition contained in the proviso to sub-section (1) of
    Section 9, the proforma report shall be supported by
    satellite imagery and other materials to prima facie reveal
    the objectionable construction, excavation or planting of any
    tree, as enumerated in clauses (a) to (c) of sub-section (3)
    of Section 9;

    (vii) Since, absence of such facts and materials will be fatal
    to an application filed under sub-section (3) of Section 9,
    the Competent Authority is not expected to act as a ‘post
    office’, on receipt of a proforma report made by GAIL, by
    merely making an application to the Court of the District
    Judge, even without satisfying itself that the proforma
    report contains such facts and materials to make out a prima
    facie case.

    28. As already noticed hereinbefore, Ext.P8 proforma

    report in W.P.(C)No.13664 of 2025 and Ext.P6 proforma report in

    W.P.(C)No.14191 of 2025 do not contain facts and materials to

    prima facie show that the 2nd respondent in both writ petitions,

    who is the owner of the land, made the objected construction in

    violation of the prohibition contained in the proviso to sub-section
    W.A.Nos.3227 of 2025 & 1 of 2026 26 2026:KER:46837

    (1) of Section 9 of Act 50 of 1962. Therefore, a mere correction of

    the proforma reports as ordered by the learned Single Judge in

    the impugned judgment dated 03.12.2025 will serve the purpose.

    In that view of the matter, the direction contained in the impugned

    judgment for reconsideration of the proforma reports afresh, in

    the light of the observations contained in the said judgment, after

    giving liberty to GAIL to seek correction of the proforma reports

    cannot be sustained.

    In the above circumstances, these writ appeals are disposed

    of by confirming the finding of the learned Single Judge that the

    powers conferred on the Competent Authority under Section 12 of

    Act 50 of 1962 will not enable the said Authority to conduct an

    enquiry as to the veracity of the allegations in a proforma report

    as to the alleged construction, excavation, etc., in violation of the

    prohibition contained in the proviso to sub-section (1) of Section

    9 and, therefore, the learned Single Judge cannot be found fault

    with in setting aside Ext.P11 communication dated 10.08.2024 in

    W.P.(C)No.13664 of 2025 and Ext.P9 communication dated

    10.08.2024 in W.P.(C)No.14191 of 2025 of the Competent

    Authority. It is for GAIL to submit amended/fresh proforma reports

    before the Competent Authority, taking note of the law laid down
    W.A.Nos.3227 of 2025 & 1 of 2026 27 2026:KER:46837

    hereinbefore at paragraph 27, containing facts and materials,

    including satellite imagery, to prima facie show that the 2nd

    respondent in W.P.(C)Nos.13664 of 2025 and 14191 of 2025, who

    is the owner of the land, made the objected construction(s) in

    violation of the prohibition contained in the proviso to sub-section

    (1) of Section 9 of Act 50 of 1962. The learned Additional Solicitor

    General of India would submit that amended/fresh proforma

    reports by GAIL shall be submitted before the Competent

    Authority, as expeditiously as possible, at any rate, within a period

    of two weeks from the date of receipt of a certified copy of this

    judgment. Thereafter, it is for the Competent Authority to consider

    those proforma reports and take necessary action, as per the

    requirements of sub-section (3) of Section 9, taking note of the

    law laid down hereinbefore at paragraph 27, as expeditiously as

    possible, at any rate, within a further period of two months.

    Sd/-

    ANIL K. NARENDRAN, JUDGE

    Sd/-

    MURALEE KRISHNA S., JUDGE
    AV
    W.A.Nos.3227 of 2025 & 1 of 2026 28 2026:KER:46837

    APPENDIX OF WA NO. 1 OF 2026

    PETITIONER ANNEXURES

    Annexure 1 THE PERFORMA REPORT ISSUED BY THE
    CORPORATION REGARDING THE PROPERTY OF ONE
    ASHFAK IN KASARGOD DISTRICT AND THE
    FINDING OF THE COMPETENT AUTHORITY DATED
    30.10.2024

    RESPONDENT EXHIBITS

    Exhibit R1(a) A COPY OF THE G.O. (RT) NO. 1234/2024/RD,
    THIRUVANANTHAPURAM, DATED, 29.05.2024

    Exhibit R1(b) A TRUE COPY OF GAZETTE OF INDIA
    NOTIFICATION NO. 2537 DATED 09.07.2024

    Exhibit R1(c) A COPY OF THE G.O. (RT) NO. 1052/2025/RD
    THIRUVANANTHAPURAM, DATED 29.04.2025

    Exhibit R1(d) A TRUE COPY OF GAZETTE OF INDIA
    NOTIFICATION NO. 2446 DATED 06.07.2025

    Exhibit R1(e) A TRUE COPY OF THE OFFICE ORDER NO.

                             GAIL/KKBMPL/KOCHI/HR/18895          DATED
                             28.05.2026
    
    Annexure R1(a)           A COPY OF THE G.O. (RT) NO. 1234/2024/RD
                             THIRUVANANTHAPURAM, DATED 29.05.2024
    
    Annexure R1(b)           A   TRUE  COPY   OF  GAZETTE   OF  INDIA
                             NOTIFICATION NO. 2537 DATED 09.07.2024
    
    Annexure R1(c)           A COPY OF THE G.O. (RT) NO. 1052/2025/RD
                             THIRUVANANTHAPURAM, DATED, 29.04.2025
    
    Annexure R1(d)           A   TRUE  COPY   OF  GAZETTE   OF  INDIA
                             NOTIFICATION NO. 2446 DATED 06.06.2025
     W.A.Nos.3227 of 2025 & 1 of 2026   29             2026:KER:46837
    
    Annexure R1(e)           A TRUE COPY OF THE OFFICE    ORDER NO.
                             GAIL/KKBMPL/KOCHI/HR/18895        DATED
                             28.05.2026
     W.A.Nos.3227 of 2025 & 1 of 2026   30                 2026:KER:46837
    
    
                        APPENDIX OF WA NO. 3227 OF 2025
    
    PETITIONER ANNEXURES
    
    
    Annexure I               THE PERFORMA REPORT ISSUED BY THE
                             CORPORATION REGARDING THE PROPERTY OF ONE
                             ASHFAK IN KASARGOD DISTRICT AND THE
                             FINDING OF THE COMPETENT AUTHORITY DATED
                             30.10.2024
    
    Annexure 2               COPY OF THE CHART SHOWING THE COMPLAINTS
                             REFERRED TO BY THE 1ST RESPONDENT COMPANY
                             ALLEGING VIOLATION OF SECTION 9(1) OF THE
                             ACT AND THE ACTION TAKEN BY THIS
                             APPELLANT
    
    Annexure 3               THE TRUE COPY OF THE PROFORMA REPORT
                             FILED BY 1ST RESPONDENT AS REGARDS SERIAL
                             NO.1 IN ANNEXURE -2 VIZ. BHASKARAN
                             THOONERY
    
    Annexure 4               TRUE COPY OF THE PANCHANAMA DATED
                             04.03.2024    REGARDING   PROPERTY OF
                             BHASKARAN FILED BY 1ST RESPONDENT
    
    Annexure 5               TRUE COPY OF THE PANCHANAMA DATED
                             04.03.2024 REGARDING PROPERTY OF HARIS
                             FILED BY 1ST RESPONDENT
    
    Annexure 6               THE COPY OF THE LETTER DATED 18.09.2024
                             ISSUED   BY   THE   APPELLANT   TO   SHRI
                             BHASKARAN, AFTER FINDING THAT THERE IS NO
                             VIOLATION OF SECTION 9(1) OF THE ACT
    
    Annexure 7               THE COPY OF THE LETTER DATED 18.09.2024
                             ISSUED BY THE APPELLANT TO SHRI HARIS,
                             AFTER FINDING THAT THERE IS NO VIOLATION
                             OF SECTION 9(1) OF THE ACT
    
    Annexure 8               COPY OF THE PROCEEDINGS ISSUED BY THE
                             APPELLANT DATED 04.12.2024 SANCTIONING
                             COMPENSATION
     W.A.Nos.3227 of 2025 & 1 of 2026   31                2026:KER:46837
    
    Annexure 9               TRUE COPY OF THE DRAFT NOTIFICATION DATED
                             23.01.2026 FORWARDED BY APPELLANT TO THE
                             1ST RESPONDENT
    
    RESPONDENT ANNEXURES
    
    
    Annexure R1(a)           A COPY OF THE G.O. (RT) NO. 1234/2024/RD
                             THIRUVANANTHAPURAM, DATED, 29.05.2024
    
    Annexure R1(b)           A   TRUE  COPY   OF  GAZETTE   OF  INDIA
                             NOTIFICATION NO. 2537 DATED 09.07.2024
    
    Annexure R1(c)           A COPY OF THE G.O. (RT) NO. 1052/2025/RD
                             THIRUVANANTHAPURAM, DATED, 29.04.2025
    
    Annexure R1(d)           A   TRUE  COPY   OF  GAZETTE   OF  INDIA
                             NOTIFICATION NO. 2446 DATED 06.07.2025
    
    Annexure R1(e)           A TRUE COPY OF THE OFFICE      ORDER NO.
                             GAIL/KKBMPL/KOCHI/HR/18895          DATED
                             28.05.2026
     



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