- (1.) SHRI Avinash Appa Gadge R/o Shenavade, Tq. Gaganbawda, Dist. Kolhapur has filed a Petition, before the Commission on 9 April, 2014 seeking quashing and stay of Order passed by the District Magistrate, Kolhapur on 26 February, 2014 under Section 3 (3) of Works of Licensees Rules, 2006 and Sections 67, 68 & 86 of the Electricity Act (EA), 2003.
(2.) THE main prayers of the Petitioner are: a. "........ This Hon'ble Authority be pleased to call for the records and proceedings in respect of theOrder bearing No. DESK -VII -HOME / RR / POL / 195 / 2014 dated 26.02.2014 passed by the Respondent No. 1 and after perusing the same, quash and set aside the Order annexed as Exhibit "A". b. This Hon'ble Authority be pleased to direct the Respondent No. 2 and 3 to remove the unauthorized construction of the foundation of the tower and tower constructed on the portion of the land forming part of Gat No. 111 in the portion of the land admeasuring 0.40 Are, at Village Shenavade, Taluka Gaganbawda, District Kolhapur. c. This Hon'ble Authority be pleased to direct the Respondent No. 2 and 3 to pay the damages and compensation for causing damages to the trees, damaging the soil and its fertility by constructing foundation with cement to the tune of Rs. 1,00,000/ - immediately. d. This Hon'ble Authority be pleased to stay the operation of the Order bearing No. DESK - VII -HOME / RR / POL / 195 / 2014 dated 26.02.2014 passed by the Respondent No. 1 annexed as Exhibit "A". e. Ad interim relief in terms of prayer "d" above. f. Cost of this Application be provided for. g. Any other reliefs. .........."
(3.) BACKGROUND : - 3.1 Petitioner has submitted that towers of the line have been erected by the Respondent No. 2, MSETCL, on his land without his consent. Hence, he requested MSETCL to remove the unauthorized construction of the foundation and towers constructed on the portion of the land forming part of Gat No. 111 and sought compensation for loss sustained during erection of the towers. 3.2 On an Application by MSETCL, the District Magistrate, Kolhapur (Respondent No. 1) passed the impugned Order on 26 February, 2014 permitting MSETCL to execute the work, along with directives to MSETCL to enter into negotiations with the Petitioner for payment of adequate compensation for the loss caused to him. 3.3 Aggrieved by the Order passed by the District Magistrate, Kolhapur, the Petitioner has filed the present Petition. Facts submitted by the Petitioner: - 4.1 The Petitioner is a land owner affected by the erection of towers of 132 kV line from the Kale substation to a Co -generation plant at Shenavade village, Taluka Gaganbawda by Respondent No.2, MSETCL. 4.2 The Petitioner has lost crops, trees and land occupied by the foundation of the towers. MSETCL and Respondent No.3, M/s Orient Green Power Co. Ltd., have erected the towers on the Petitioner's land without prior notice and consent, and also did not obtain permission from the District Magistrate, Kolhapur. 4.3 Being obstructed by the Petitioner in execution of the work, MSETCL had filed an Application before the District Magistrate, Kolhapur to obtain permission for the work. 4.4 The District Magistrate, Kolhapur has passed the Order on 26 February, 2014 and permitted MSETCL to execute the work as per the provisions of the Indian Telegraph Act 1885, citing its contention that, "the scheme is very necessary in the larger interest of public". 4.5 The District Magistrate, Kolhapur also directed MSETCL to negotiate with the Petitioner and to pay adequate compensation to the Petitioner and other land owners for use of land and damage caused to crops, trees and wells, if any, at the prevailing market rates after negotiating with them. 4.6 The Petitioner has submitted that, the District Magistrate, Kolhapur passed the Order without giving him an opportunity to be heard. Hence, the Order violates the principles of natural justice and needs to be reviewed. ;