ORISSA STATE ELECTRICITY BOARD Vs. PYARI MOHAN PATNAIK
HIGH COURT OF ORISSA
ORISSA STATE ELECTRICITY BOARD
PYARI MOHAN PATNAIK
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(1.) The unsuccessful defendants in both the courts below have preferred this appeal.
(2.) The plaintiffs' suit is for mandatory injunction against the defendants directing the latter to remove the electric
poles and electric lines fixed by them on and over the plaintiffs' land
(3.) The plaintiffs' case, in short, is that plot No. 108 under Khata No. 119 of mouza Jagamara and plot No. 6 under
Khata No. 238 of mouza Dum Duma described in the suit plan Ext. 1 attached to the plaint belong to the plaintiffs.
Those plots are included in the Town Planning Scheme as per Ext. 6 and the plaintiffs had reserved the same for
construction of residential buildings. The defendants framed schemes for transmission of electric lines for
distribution of electricity, and under the said scheme the electric line was not to pass over the plaintiffs' lands. But to
their surprise the defendants started fixing the electric poles on the suit lands and placed electric lines over the same
completely disregarding the said scheme. The said electric supply lines over the suit lands were laid without taking
the consent of the plaintiffs and against the provisions of the Indian Electricity Act, 1910 (hereinafter referred to as
'I. E. Act') and the Electricity (Supply) Act, 1948 (hereinafter referred to as 'E. S. Act') and the rules made
thereunder. The plaintiffs all along opposed the construction of the said supply lines over their lands, and by notices
dated 19-10-67, 29-l-68 and 20-9-68, served by the plaintiffs on the defendants, the defendants were asked to
refrain from taking
the said transmission lines over the plaintiffs' lands. The defendants disregarded all objections of the plaintiffs to the
above effect and illegally diverted the original alignment of the electric supply line framed under the Scheme. It is
also alleged that the electric supply line as per the scheme was to pass over the land belonging to M/s. Khandagiri
Service Station but the defendants in collusion with the said service station illegally and forcibly diverted the supply
line over the suit land belonging to the plaintiffs. Hence the suit;
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