SRI SANTOSH KUMAR JENA Vs. CHIEF MANAGER, POWER GIRD CORPORATION OF INDIA, EASTERN REGION TRANSMISSION, SYSTEM-II

JUDGEMENT

(1.) IN this writ application, the Petitioner has challenged the action of the Opp. Parties in drawing high voltage electric line over Ac. 1.68 decimals of Sarad variety agricultural land recorded in favour of the Petitioner vide R.O.R. published in the year 2.009 appertaining to Plot No 1787.

(2.) EARLIER , the Petitioner had filed a suit in respect of the homestead land appertaining to plot No. 1787/3700 measuring Ac.0.20 decimals & also an application for injunction which was allowed by the Trial ' Court. The Learned District Judge, Balasore, by Order Dated 3.4,2010 passed in F.A.O. No. 46 of 2009 reversed the order of the Trial Court. Challenging the said order passed by the Learned District Judge, Balasore, in F.A.O. No. 46 of 2009, the Petitioner filed W.P.(C) No. 6496 of 2010 of 2010. Said writ application was disposed of by this Court with a direction to the Opp. Parties to determine the compensation & disburse the same to the Petitioner & thereafter proceed with the construction work as per the rules provided therefor.

(3.) THE allegation of the Petitioner is that the Opp. Parties are digging hole over his agricultural land in question. Learned Counsel for the Opp. Parties submitted that the Opp. Parties are raising construction over 20 decimals of homestead land only which was the subject -matter of the earlier Writ application. Therefore, this Court is not delving into that aspect of the matter now.