Disposed

Tirukoti Murali Krishna v. the Government of India

Andhra Pradesh HC4 Oct 2023WP/5104/2023

Case brief

AI extract

What is this about?

This writ petition challenged the failure to pay compensation to villagers for the construction of an ONGC pipeline. The court held that since the petitioners' lands were not acquired, they had no legal ground to claim compensation. It ordered the respondent to provide other agreed benefits including an Anganwadi center, cremation building, and a free medical camp.

What did the court decide?

Directions were issued to provide Anganwadi center, cremation building, and free medical camp.

Tirukoti Murali Krishna Vs the… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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Writ Petition No.5104 of 2023

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ORDER :-

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This writ petition, under Article 226 of the Constitution

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of India, is filed seeking the following relief/s:

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“… pleased to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents paricturarily the 2^nd to 5^th and 7^th Respondents in to make Construction of the Pipeline Segment No.3 Bhairavallanka, H/o Gogullanka Village I.Polavaram Mandal, Dr.B.R.Ambedkar, Konaseem District for lay 20” Pipeline (about 31 Km) from Offshore, Platform through Mouth of the Goutami River to ONGC onshore Plant at Mallavaram Village, Tallaravu Mandal, Erstwhile EastGodavari District under protection of 9^th and 10^th respondents are being illegal arbitrary and violation of principals of Fundamental Rights of Constitution of India contrary to the CSR Policy and contrary to the OISD-GDN-192 Oil Industry Safety Directorate Government of India Ministry of Petroleum and Natural Gas at Point No.6.0. and also contrary to Consent Order for Establishment dated 22-10-2019 from the Andhra Pradesh Pollution Control Board at Point No.16(i) and consequently direct the Respondents to the 2^nd to 5^th and 7^th Respondents make to Construction of

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RC,J WP_5104_2023

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the Pipeline Segment No.3, Bhairavallanka, H/o Gogullanka Village, I.Polavaram Mandal, Dr.B.R.Ambedkar, Konaseem District for lay 20” Pipeline (about 31 Km) from Offshore Platform, through Mouth of the Goutami River to ONGC onshore Plant at Mallavaram Village Tallaravu Mandal Erstwhile East Godavari District as per contrary to the CSR Policy and contrary to the OISD-GDN-192 Oil Industry Safety Directorate Government of India Ministry of Petroleum and Natural Gas, at Point No 6.0 and also contrary to Consent Order for Establishment dated 22-10-2019 from the Andhra Pradesh Pollution Control Board at Point No.16(i) to consider the Petitioners representation dated 25.02.2023 for paying Compensation by under taking development activities in their Village as indicated in the above representation and pass such pass order or orders..…”

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The short grievance of the petitioners in the present writ petition is that, the authorities are not paying compensation to all the ration card holders of the village for construction of pipe line Segment No.3 Bhairavallanka, H/o Gogullanka village, I.Polavaram Mandal Dr.B.R.Ambedkar Konaseema District for lay 20” Pipeline (about 31 KM) from offshore platform, through mouth of the Goutami River to

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RC,J WP_5104_2023

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ONGC onshore plant at Mallavaram Village, Tallaravu Mandal, Erstwhile East Godavari District.

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Heard Sri G.Simhadri, learned counsel for the petitioners and Sri D.S Sivadharshan, learned Standing Counsel for respondents.

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Sri G.Simhadri, learned counsel for the petitioners, in elaboration to what has been stated in the affidavit contended that, the respondent organization has laid pipeline adjacent to the petitioner’s village, for which the authorities have not paid compensation to all the ration card holders of the village. He further submitted that, by virtue of the erection of pipeline, the villagers’ life is at risk. As such, they are liable to pay compensation to a tune of Rs.5,00,000/- each to the villager. He further contended that, in the neighboring village, apart from other concessions which have been provided, the respondent organization has also paid Rs.2,00,000/- to each villager and in the present village, the authorities are not paying the said amount, which is nothing but colourable discrimination. He further submitted that, petitioners made several representations for which the respondent corporation has not considered them so far. As such, prayed for a

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RC,J WP_5104_2023

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direction to the respondent corporation to pay compensation as well as other demands so raised in their representation more particularly which were stated in para-6 of the affidavit and accordingly prayed to pass appropriate orders in that regard.

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On the other hand, Sri D.S.Sivadarshan, learned Standing Counsel, on additional counter submitted that, the authorities have categorically denied their liability to pay compensation to the villagers and further submitted that in fact the authorities have considered the petitioners request beyond what they are entitled. He further contended that, the respondent corporation is agreeable to take up the demands such as construction of Anganwadi Center, cremation building and free medical camp in the village. The persons whose lands are affected they have already been paid compensation. The learned counsel further submitted that, the petitioners, whose lands are not affected, are not entitled for any compensation. But the respondent corporation is taking steps to uplift the village and give other benefits such as establishment of Anganwadi Center, Cremation Building and free medical camp, though they are not covered under

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the purview of Corporate Social Responsibility Policy (CSR). The authorities have already considered the policy as envisaged under Corporate Social Responsibility Policy (CSR) as such prayed to dismiss the Writ Petition.

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06. Perused the material available on record.

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The petitioners through representations dated 25.02.2023 made several claims from the respondent organization on the ground that the gas pipelines have been passing adjacent to their village. The petitioners’ grievance is that, the respondent corporation is not paying compensation to all the villagers irrespective of their land acquired or not. Apart from compensation, several other claims have been made by the petitioners which are referred in para No.6 of the affidavit as under:

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“ (2) From Starting pipeline work to provide labour work our village people who are eligible and takes our people vehicles to rent for discharging the above labour work. (3) To construct Anganwadi Centre. (4) to Construct Dam Chintaru Paya of Godavari River, for this will benefited nearly 3,500 peoples and 20,000 Animals (From March to Juna Drinking water will available, therefore to construct Reservoir (5) To

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construct Security wall to two water tanks. (6) To construct Dam Chintaru paya of Godavari River to Construct Crimination building for death peoples. (8) To provide medical Camp in our village through OMGC”.

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The stand taken by the respondent corporation is that, the lands of the petitioners are not affected, while erecting the pipelines. However, since the pipeline is coming adjacent to the village, the authorities have given other benefits under CSR policy. Apart from that, the respondent corporation has categorically stated in the counter that, they are willing to provide Anganwadi Centre, Cremation Building and free medical camp in the village. Most of the claims so made by the petitioners are concerned, the authorities are going to comply and certain claims have already complied. Regarding claim of compensation is concerned, the petitioners’ lands are not acquired by the respondent organization and hence they cannot claim compensation in that regard. The petitioners have not raised any valid legal ground in that regard. In the absence of any Rules governed under law, this Court cannot direct the respondent corporation to pay compensation to all the villagers. The petitioners have not made out any case

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RC,J WP_5104_2023 warranting interference of this Court in seeking the compensation, particularly when their lands are not

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acquired. In so far as other benefits are concerned, as per the corporation it has already agreed to provide.

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In these circumstances, this Court is inclined to dispose of this Writ Petition with the following direction.

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“ the respondent corporation is hereby directed to provide Anganwadi center, cremation building and free medical camp in the village as agreed by them in their additional counter”.

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Accordingly, the present Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, Miscellaneous Applications, if any, pending shall stand closed

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04.10.2023 KKV/ TJN

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_________________________________ JUSTICE RAVI CHEEMALAPATI

RC,J WP_5104_2023

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HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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Writ Petition No.5104 of 2023

04.10.2023

KKV/TJN

RC,J WP_5104_2023

HIGH COURT OF ANDHRA PRADESH

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Writ Petition No.5104 of 2023

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PROCEEDING SHEET

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Sl. No.	Date	ORDER
08	04.10.2023	RC, J
		The Writ petition is disposed of. (Vide Separate Order)
		________ RC, J KKV/TJN

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RC,J WP_5104_2023

Tirukoti Murali Krishna v. the Government of India

Case brief

What is this about?

What did the court decide?

Tirukoti Murali Krishna v. the Government of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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