Hon'ble Jaspreet Singh,J.
Heard Shri A.P. Singh, learned counsel for the petitioner, Shri Manish Misra, learned standing counsel for the respondents No.2 and 5, Shri Puneet Chandra, learned counsel for the respondent No.3 and 6, Shri Manish Jauhari, learned counsel for the respondent No.4 and Shri Sanjay Singh, learned counsel for the respondent No.1.
In this writ petition, the petitioner is praying for issuance of a writ in the nature of mandamus directing the respondents No.2 to 6 not to lay the transmission line over the Plot No.32 of the petitioner, which is situated at Village Paliwarpur, Tehsil Harriya, District Basti and not to cut the trees standing without paying the compensation.
Learned counsel for the petitioner has submitted that he has filed an application before the District Magistrate under the provisions of the Works of Licensees Rules, 2006 for granting compensation. It is further informed that under Chapter 3 to 16 of the aforesaid Rules, 2006, there are provisions for granting compensation. In case, the land owner is aggrieved for laying transmission line, he has to file an application before the District Magistrate, who shall consider the same and grant compensation for loss of profit.
It has been submitted that the application filed before the District Magistrate is pending, but no such application has been filed along with the writ petition.
In absence of any such application on record, we grant liberty to the petitioner to file a fresh application for grant of compensation in accordance with law. In case, such an application is filed, the same shall be considered and decided on merits expeditiously, after affording opportunity to all the parties.
With the aforesaid, the writ petition is disposed of.
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[Jaspeet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 30.8.2019 Rakesh/-