HC orders to maintain status quo in Ghaziabad land aquisition case

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Allahabad, Mar 18 (UNI) The Allahabad High Court today ordered to maintain statu quo in a Ghaziabad land aquisition case.

A bench comprising Justices Ashwini Kumar and Rakesh Sharma gave the judgement on a writ petition filed by the owner of the land Puneet Kumar.

The petitioner had challenged the two notifications issued by Indian Oil Corporation Ltd. Under section 3(1) and 6(1) of petroleum and minerals pipelines (acquisition of right of user in land Act 1962 ) by which the said land has been acquired for lying down gas pipelines.

In the petition, the validity of provisions of section 10(4) of the Act has also been challenged on the ground of violation of Article 31-A of the Constitution of India. It is alleged that section 10(4) of the Act provides compensation only 10 per cent of the market value. It is also alleged that after acquisition of land for lying down of a gas pipe line the land will remain to owner but he can not construct any building nor excavate any well, tank, and reservoir nor plant any tree on the land.

The petitioner's land comes within the jurisdiction of Ghaziabad Development Authority and is remarked as commercial plot.

The Court has granted 3 weeks time to the corporation to file counter affidavit and ordered the parties to maintain status quo.

In the writ petition, unions of India through ministry of petroleum, Indian Oil Corporation have been made parties respondents.

UNI VCP PDM SB HT2225

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