TaxTMI 
TaxTMI 
TaxTMI 
1996 (12) TMI 416
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....) of the Act on 23.6.83. This Notification was followed by Notification dated 16.1.84 issued under Section 6(1) of the Act and the right of user in the aforesaid land stood acquired for laying the pipelines. It was also indicated in that Notification that the right of user in the said lands shall, instead of vesting in the Central Government, vest in the Oil and Natural Gas Commission. 4. In pursuance of the aforesaid Notifications, Oil and Natural Gas Commission (for short, ONGC) laid down pipelines in the aforesaid plots of land for transportation of Petroleum from Utran Terminal to Kribhco Terminal. 5. The right to user having vested in the ONGC, they initially laid one 12" Gas pipeline through the said land (30 metres wide) for transportation of the Gas. The Gas processing plant is said to be located at Hazira and south basin. Gas is being processed at that plant since 1988 for being supplied to various consumers. In order to run the aforesaid plant efficiently and effectively, water is a commodity which is vitally required. Water was initially drawn for that purpose from KRBC canal division but when ONGC was informed that no further water would be made available from th....
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....nd include mineral oils and stowing sand but do not include petroleum. 9. "Petroleum" has been defined in Section 2(c) as under: 2(c). "petroleum" has the same meaning as in the Petroleum Act, 1934, and includes natural gas and refinery gas. 10. Section 3 of the Act provides as under: 3. Publication of notification for acquisition. - (1) Whenever it appears to the Central Government that it is necessary in the public interest that for the transport of petroleum (of any minerals) from one locality to another locality pipelines may be laid by that Government or by any State Government or a Corporation and that for the purpose of laying such pipelines it is necessary to acquire the right of user in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare it intention to acquire the right of user therein. (2) Every notification under Sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed. 11. Sections 5 and 6 provide as under: 5. Hearing of Objections - (1) ....
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....) within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of that period. (4) Notwithstanding anything contained in Sub-section (2), the Central Government may, on such terms and conditions as it may think fit to impose, direct by order in writing, that the right of user in the land for laying the pipelines shall, instead of vesting in the Central Government vest, either on the date of publication of the declaration or, on such other date as may be specified in the direction, in the State Government or the corporation proposing to lay the pipelines and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in that State Government or corporation, as the case may be, free from all encumbrances. 12. There is no dispute between the parties that a Notification under Section 3 of the Act was duly published which was subsequently followed by Declaration under Section 6 with the result that the right of user of the land in question vested in the ONGC. The question which is being canvassed before us now is that new pipelines for carrying another commodity cannot be la....
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....n Section 7 by the Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Act, 1977 (Act 13 of 1977) with effect from 3rd February, 1977. By the same Amending Act, the definition of "Minerals" contained in Clause (ba) of Section 2 was also introduced in the parent Act. "Mineral" was not earlier defined and so also the right to lay down pipelines for carrying "Mineral" was also not available in the original Act. The Statement of Objects and Reasons for amending the parent Act by Act 13 of 1977 provides, inter-alia, as under: The Petroleum Pipelines (Acquisition of Right of use in Land) Act, 1962 was enacted to empower the Central Government to acquire the right of user in any land if it appears to that Government that it is necessary, in the public interest, to lay pipelines under such land for the Transport of petroleum (which is defined to include natural gas and refinery gas) from one locality to another. When the legislation was enacted, petroleum Including natural gas and refinery gas) was the only commodity for which transportation through pipelines was contemplated. Technological advance has since made it possible to transport in ....
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.... the definition is the use of words "substances which can be obtained from the earth" which indicate that the "Minerals" need not necessarily be embedded in the earth or lie deep beneath the surface of the earth. They may be available either on the surface of the earth or down below. If the "Mineral" is available on the surface, the operation which would be obviously employed would be dredging, quarrying or hydraulicing or any other similar operation. The definition, therefore, is very wide in terms but in spite of its wide connotation, every substance which can be obtained from earth would not be a "Mineral". 21. Learned Counsel for the appellant contended that we should not enter into the exercise of analysing the definition of "Mineral" to find out whether "Water" would fall within that definition or not, as the only meaning which can be assigned to "Water" is the common meaning as understood by a common man who does not treat "Water" as a mineral, but treats it as the most common commodity available free of cost like "fresh air" and other gift of nature which are available in plenty to al....
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....ttern : hydrologic cycle. Groundwater accumulates by infiltration of water into soils and bedrock and reappears at the surface in springs and stream beds. Groundwater levels, and thus water infiltration and the rate of loss by springs, streams, and pumping from wells. The evolution to surface waters and the ocean are related to the escape of gases from the interior. On account of its abundance, the common man does not think that 'Water" could also be treated or utilised as a mineral. 23. But there are subterranean waters which lie wholly beneath the surface of the earth and which either ooze or seep through the surface strata without pursuing any defined course or channel (percolating waters) or flow in a permanent and regular but invisible course, or lie under the earth in a more or less immovable body, as a subterranean lake. This water can be obtained only by the process of "Drilling" which, according to Chambers Dictionary, also includes "Boring". 24. Now, if it is a substance which can be obtained from the earth by the process of drilling, it would immediately fall within the definition of "Mineral" set out and placed in this Act. Even....