Shruti Barnwal v. Union of India and 4 Others

Court No. - 40 Case :- WRIT - C No. - 42203 of 2023 Petitioner :- Shruti Barnwal Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Vikas Kumar Upadhyay,Krishna Kant Dwivedi Counsel for Respondent :- A.S.G.I.,Devendra Narayan,Madhur Prakash Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1The petitioner is aggrieved by the compensation provided under Section 10(1) of the Petroleum and Mineral Pipelines (P&MP) Act, 1962 (hereinafter referred to as the 'Act').

¶2It transpires from the records of the writ petition that the Gas Authority of India, Ltd. intended to lay pipelines and for that purpose exercised powers under the provisions of the Act.

¶3Section 3 of the Act provides for publication of notification while Section 6 deals with declaration. Section 10 deals with compensation. The reliefs claimed in this petition primarily for enhancement of the compensation for the damage, loss or injury sustained by the petitioners.

¶4Sri Madhur Prakash, who has appeared for the respondents, has pointed out the petitioner can avail of the remedy provided under Section 10(2) of the Act by approaching the District Judge.

¶5As a statutory alternative remedy is provided for under the Act, it will not be appropriate for the Court to entertain this petition for the reliefs that have been claimed.

¶6The petition is, accordingly, disposed of. Order Date :- 14.12.2023 P.Sri. High Court of Judicature at Allahabad