Making its stand clear on the inter-state Gas Authority of India Limited pipeline project, Tamil Nadu government today submitted before the Madras High Court that the project could be implemented by laying the pipelines along National Highways without affecting agricultural lands in the state.
In its reply, government submitted that it has informed GAIL to take steps for laying the pipelines along the side of National Highways without affecting farmers' lands.
The government said this was done after considering the grievances of land owners and farmers and GAIL's comments at public hearing meetings conducted as per the HC directions.
Additional Solicitor General P Wilson said the impugned government order was in violation of Petroleum and Minerals Pipelines Act, 1962. He also raised questions as to whether a state administrative authority can set aside the order of the competent authority of a central stature or whether it can usurp the powers of the authority operating under various parliamentary laws and refix the routes.
He further sought to quash the state GO, which restrains GAIL officials from implementing the project.
Arguments are to continue tomorrow.
The project involves laying of pipelines across districts in Kerala, Tamil Nadu and Karnataka. Lands were acquired by GAIL in the state and when the project was about to be implement, the farmers resisted. Government then passed the GO.
GAIL had first moved the court seeking a direction to Collectors and Superintendent of Police of seven districts in Tamil Nadu to provide protection from the resisting farmers enabling them to carry out the works. However,the court observed that such direction cannot be issued as it did not want to create a situation as it happened in Nandigram and Singur villages of West Bengal and instead suggested conducting public hearing in these districts.
After public hearings were held, government issued a notification on April 2 stating that pipelines could be laid along National Highways without affecting agricultural lands and to remove all pipelines laid in agricultural lands, which was challenged by GAIL.
A single judge passed an interim stay directing not to remove the pipelines already laid and government moved the Court to vacate it. The Additional Solicitor General had submitted that if this type of obstructions were to continue, a situation might arrive where the project itself would be dropped. The First Bench had directed the state government to file its reply.
