Shiv Kumar Sharma v. The Union Of India, Through The Director, Ministry Of Power, New Delhi

Patna High Court CWJC No.20388 of 2012 (9) dt.21-01-2013 required to be carried out for laying over-head Transmission Learned counsel for the petitioners submits that compensation is not being paid to the extent of damages caused to the lands as also the standing crops, even though the respondent nos. 4 and 5 could not have carried out the aforesaid work in the lands of the petitioners, as the villages over which, the electric line has to pass was mentioned in the Gazette of India notification dated 19th of December 2011, as contained in Annexure -1, however, the name of the village of the petitioners i.e. Alam Nagar within the Taluk of Alam Nagar is not mentioned. It is further submitted that petitioners were paid first installment of compensation on account of the erection of pillars which was accepted due to the pressure of the concerned police officials. On the other hand, learned counsels appearing for the respondent nos. 4 and 5 submits that even before filing of the writ application, the work of erection of the pillars and connecting the electrical wire were completed by the month of October 2012, as stated in paragraph-5 of the counter affidavit whereas; the present writ application is filed after the aforesaid date, however, the said facts were not mentioned in the writ application. It is further submitted that petitioners were paid the first installment of the compensation, on the basis of the reports, received from the Department of Agriculture and Forest, Government of Bihar. Besides the above, it is further Patna High Court CWJC No.20388 of 2012 (9) dt.21-01-2013 submitted that transmission line with respect to the carrying work on the concerned villages, learned counsel has drawn attention of the court to the aforesaid gazette notification in order to show that the transmission line which is to be covered under the scheme, will pass through, over, around and between the villages, town and cities. It is further submitted that Taluk of the petitioner is Alam Nagar and as such, no illegality or any deviation from the gazette notification can be validly alleged in carrying out the work of laying of Transmission line. It is further submitted that the grievances with respect to the quantum of compensation, petitioners ought to have availed the recourse of the statutory forum under Section 10 of the Telegraphic Act which authorizes the District Magistrate of the concerned district to pass appropriate orders on the quantum of compensation. Learned counsel for the State submits that under the provision of Electricity Act, 2003 the appropriate authority is Regulatory Commission (respondent no. 6) for assessing the quantum of compensation. Upon considering the rival submissions of the parties, it would appear that primarily, the writ application is for directing the respondent nos. 4 and 5 to pay adequate compensation on account of the damage caused to the lands of the petitioners, the standing crops and the trees. However, in course of submission, counsel for the petitioners also raised the question that the authority could not have taken the Patna High Court CWJC No.20388 of 2012 (9) dt.21-01-2013 transmission line over the lands of the petitioners as the villages mentioned in the gazette notification did not mention the name of the village of the petitioners. However, it is also not in dispute that first installment of the compensation has been paid although the submission is that the Bank drafts were handed over on account of the undue pressure. The encashment of the bank drafts by the petitioners has not been disputed. With respect to the quantum of compensation under the law if petitioners have got any grievance, petitioners may avail the statutory forum for assessing the quantum of compensation. As regards submissions of the petitioners that the transmission line has been carried over the lands of the villages which was not included in the gazette notification, cannot be accepted at this stage when the erection of the pillors and the transmission line has been fixed which was completed even before filing the writ application, as stated in the counter affidavit filed on behalf of the respondent no. 5 and the electric line is to be charged by 31st of January

2013.Moreover, the transmission line can pass through over, around and between the named villages, town and cities. In the result, the writ application stands disposed of with the above observations/directions. Jagdish/- (Shailesh Kumar Sinha, J)