Court No. - 37
Case :- WRIT - C No. - 42068 of 2019 Petitioner :- Vijay Pal Sharan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard Sri Rupendra Kumar Mishra, learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel for Respondent Nos. 2 and 3 and learned Standing Counsel.
By means of the present petition the petitioner has raised a grievance that the electricity department has erected the high tension power transmission line on the land of the petitioner without his consent or payment of any compensation.
Learned counsel for the petitioner has relied on the division Bench Judgement of this Court passed in Writ-C No. 29995 of 2016 (Pooram Singh and 30 others Vs. State of U.P. and three others) decided on 5.7.2016 (Annexure-4 to the writ petition).
In similar circumstances, the District Magistrate was directed to consider the claim of the petitioner who has been made competent authority by adopting provisions of Indian Telegraph Act.
As such, the writ petition is disposed of with the direction to District Magistrate, Sambhal, Respondent No.4 that in case the petitioner's land has been used for erecting the high tension power transmission line, the claim of the petitioner be considered and an appropriate order be passed after giving opportunity to the other side within a period of three months from the date of production of a certified copy of this order.
Order Date :- 18.12.2019 Manish Tripathi (Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)