Lok Sabha Question No. 3501 (UNSTARRED), answered on 2016-08-08
Subject: Allotment of Petrol Pump
Ministry: PETROLEUM AND NATURAL GAS
Asked by: C. N. JAYADEVAN, SUSHIL KUMAR SINGH

## LOK SABHA UNSTARRED QUESTION NO.  3501 TO BE ANSWERED ON 8 th   August,2016

## ALLOTMENT OF PETROL PUMP

3501.  SHRI C.N. JAYADEVAN: SHRI SUSHIL KUMAR SINGH:

पेट्रोलियम एवं प्राक ृ लिक गैस मंत्री

Will the Minister of PETROLEUM AND NATURAL GAS

be pleased to refer to the reply given to the USQ No. 2313 on 14.12.2015 regarding allotment of petrol pump and to state:

- (a) whether the owner of disputed land had submitted various court orders showing that the  land  in  question  is  disputed  and  the  District  Collector  certified  that  the  land  is  an agricultural land and if so, the details thereof;
- (b) whether the Government has made any efforts to communicate with the owner of the land and to seek explanation from the District Collector for issuing NOC without settling the problem with the owner of the land; and
- (c) if so, the details and the outcome thereof along with the follow up action taken by the Government thereon?

## ANSWER

पेट्रोलियम एवं प्राक ृ लिक गैस मंत्रािय में राज्य मंत्री (स्विंत्र प्रभार) (श्री धमेन्द्र प्रधान)

MINISTER OF STATE (I/C) IN THE MINISTRY OF PETROLEUM & NATURAL GAS (SHRI DHARMENDRA PRADHAN)

(a) to (c) :  Indian Oil Corporation Limited has informed that the dispute pertains to the premises  of  M/s  Kisan  Seva  Kendra  Bhailoni  Lodh,  a  proprietorship  firm  of      Smt. Smita Panth, constructed on plot bearing survey no 217/2, Village-Bhailoni Lodh, Dist Lalitpur UP. The KSK plot is owned by one Shri Ratanlal, which he has given on long lease to the dealer Smt. Smita Panth. As per revenue records, the said plot no 217 has 3 parts as shown below:

|   S.No. | Plot Survey No.   | Area (Hectare)             | Owners (Sh/Smt)   |
|---------|-------------------|----------------------------|-------------------|
|       1 | 217/1             | 0.587 Hectare or 1.45 Acre | Khilan and Others |
|       2 | 217/2             | 0.45 Hectare or 1.111 acre | Ratanlal          |
|       3 | 217/3             | 0.45 Hectare or 1.117 acre | Banjar Bhoomi     |

As per available records, there was court case no 81/2002-2003 in the court of SDM Talbehat  among  land  owners  Bhagwant  Singh  Vs  Khilan  Singh,  Mangal  Singh  and Others  under  section  176  regarding  property  division  of  various  plot  survey  numbers including 217, area 0.587 Hectare. However, kharsra no 217/2 (Area 0.45 hectare) is not included in the dispute and there is no stay on this plot.

There were other court cases in the court of SDM Lalitpur including case no 12/97-98, 397/99-2000,  71/06-07,  410/02-03,  262/12-13,  under  section  229B/209 जा . ऊ . ए . on various lands including plot no 217. However, no relief was sought in plaint regarding plot  no  217/2  and  also  no  stay  was  granted  by  the  SDM  Court  regarding  the  plot  in question.

Further, land area 0.200 hectare out of total area 0.450 hectare of plot no 217/2 was converted as commercial land (Land use petrol pump) under section - 143 of ZALR on 04.10.2013 by SDM Talbehat. The fact SDM Talbehat allowed conversion indicates that there was no stay order/restriction on land conversion of the plot no. 217/2, where the KSK is located.

IOCL  panel  advocate  also  investigated  the  matter  and  advised  that  there  was  no pending suit pertaining to plot no 217/2.

Further, a writ petition (54510/13) filed by Shri Mangal Singh at Allahabad High Court was dismissed as withdrawn on 27.03.2014.

IOCL  has  further  informed  that  following  the  above  dealer  selection,  one  of  the candidates, i.e.  Smt. Rekha Gupta had filed a representation against first empanelled candidate and also filed WP in Allahabad High Court. However, in investigation it was found  that  allegations  of  the  petitioner  were  not  substantiated.  Similarly,  another representation  received  from  Sh  Mangal  Singh  vide  letter  15.09.2013  was  also examined and not found to be substantiated.

In  view  of  the  above,  all  complaints  /  objections  related  to  the  subject  issues  were investigated and no complaint was substantiated. The subject KSK was commissioned after  obtaining  No  Objection  Certificate  from  concerned  District  Magistrate  and  land conversion order from competent authorities, as well as requisite legal clearances.

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