SC dismisses review petition filed against GAIL project

The Bench observed that it do not find any error apparent on its earlier order

The Supreme Court has dismissed a review petition filed by Farmers Sangam against the GAIL natural pipeline project passing through the seven districts of Tamil Nadu. The Court said that it does not find any error apparent on the face of the record, which leads to recalling its previous order allowing GAIL to continue the project. The 925 kms Kochi-Kottanad-Bangalore-Mangalore pipeline passes through Kerala (505 kms), Tamil Nadu (310 kms) and Karnataka (60 kms).

In an order issued on the review petition filed by the Farmers' Sangam (Farmers' Group), the Supreme Court Bench consisting of Justice T S Thakur, Justice A K Sikri and Justice R Banumathi said: "We have examined the grounds urged in support of the prayer for review. We find no error apparent on the face of the record to warrant recall of our order dated February 2, 2016. The review petition is, accordingly, dismissed."

The Supreme Court, on February 2, 2016, issued an order which was favourable to GAIL project, against the Tamil Nadu government's decision to stop the project. The Tamil Nadu government's order sought GAIL to stop laying pipeline through the farm lands, which according to them would affect the livelihood of about 5,500 small farmers, following the protest by the farmers.

The State government asked GAIL to realign the pipeline alongside the national highway and not through the farm lands. GAIL received a favourable order from the Madras High Court against the government's direction and the matter eventually went to the Supreme Court. The Supreme Court Bench then observed that the State government has no technical expertise or legal authority to ask GAIL to change its pipeline route.

According to reports, the farmers group in its review petition pointed that the GAIL's petition against the State government in the Madras High Court was not maintainable since it is a central government organisation and according to Article 226 oc the Constitution of India, it cannot raise a dispute with the State government.

It also alleged that the company did not issue notice to all the 456 land owners, for laying pipeline through their land and it even omitted villeges from issuing notice.

It may be noted that the Tamil Nadu government was also planning to file a review petition on the order. The Chief Minister J Jayalalithaa, recently said that she will not allow the pipeline project to be laid through the agricultural land and said that 1.20 lakh trees will be lost because of the project and it is not possible to plant adequate trees to compensate it.

Meanwhile, GAIL is of the view that laying pipeline along the Highway is not technically feasible for the reasons of security, maintenance of pipeline and disruption of Highways. The Minister of State (I/C) for Petroleum & Natural Gas Dharmendra Pradhan recently informed the Rajya Sabha only Right of Use in land is being acquired for laying of pipeline and after completion of the process of laying of pipeline, the land will be returned to the land owner for agricultural activities.

Compensation is paid to the land owner as per Petroleum & Minerals Pipelines Act.

However, farmers fear that any kind of digging of land above the pipeline could be considered by the company as an offense and even if the pipeline is damaged due to some other reason, the land owners has to face serious legal action. They are also alleging that if the pipeline cuts across a farmland splitting the land into two parts, the farmer cannot take water from one side to the other side by establishing a pipeline.

The project was originally started in 2012, of the total project only 50 kms has been completed in Ernakulam (Kerala). Not only in Tamil Nadu, farmers have been protesting in Kerala fearing that they will loose their livelihood. They also want the Government to withdraw the Petroleum & Mineral Pipelines Act, 1962 (PMP Act). State Government also supports the farmers in this mater.