LAWS(ALL)-2018-2-365

RAM RATAN SINGH Vs. UNION OF INDIA

Decided On February 13, 2018
RAM RATAN SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is claiming compensation and damages for laying of Gas Pipelines by the Gas Authority of India Limited (GAIL). It appears from the record of the writ petition that earlier steps were taken under the provisions of the Petroleum and Minerals, Pipelines ( Acquisition of Right of User in Land) Act, 1962 (The Act .) for acquiring the right of user in land for laying Gas Pipelines under a scheme called "Auraiya-Phulpur and Spur Pipeline" and compensation was paid to the petitioner in accordance with the provisions of the Act.

(2.) The petitioner is aggrieved by the notice dated 25 February 2017 that has been issued under Section 8(1) of the Act informing him that very soon the work would be started on the site and the petitioner would be paid compensation for any damage caused to his crop. The notice mentions that earlier the right to use the land had vested in the GAIL but for supply and conservation of Gas, some additional work is required to be carried out.

(3.) The contention of the learned counsel for the petitioner is that compensation should be paid to the petitioner under Section 10 of the Act if any further work is required to be done and the power cannot be exercised under Section 8(1) of the Act.