DHANRAJI INDRADEV MISHRA Vs. MSETCL
LAWS(ET)-2014-10-15
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on October 20,2014

Dhanraji Indradev Mishra Appellant
VERSUS
Msetcl Respondents

JUDGEMENT

- (1.) Smt. Dhanraji Indradev Mishra (through Shri Rajkumar Indradev Mishra) has filed a Petition under Rule 3 (2), (3) and (4) of the Maharashtra Electricity Works of Licensees Rules,2012 seeking revision/stay of the Order of the Additional Collector, Thane(HQs Jawhar)on 3 August, 2013.
(2.) The prayers of the Petitioner are: a. That the order dated 03.08.2013 passed by the Additional Collector, Thane, Jawhar be revised; b. That it be declared that the said order is illegal, unlawful and not binding upon the Petitioner; c. That this Hon. Commission be pleased to direct the Respondent Nos. 1 and 2 not to enter upon the Petitioner's land and that the Tower No. 9/4 and /or any other transmission line on the petitioner's land bearing Survey No. 157, Gut No. 146/2 of Village Mahagaon, Taluka Palghar, Boisar, District Thane; , d. That pending the hearing and final disposal of the revision petition, the Respondent Nos.1 and 2 be restrained by an order of this Hon'ble Commission from installing Tower No. 9/4 and /or taking steps for installation of the same on the petitioner's land bearing Survey No. 157, Gut No. 146/2 of Village Mahagaon, Taluka Palghar, Boisar, District Thane; e. For an -interim injunction in terms of prayer (d) above; f. For cost of this petition; g. For such further and other reliefs as the nature and circumstances of the case may require."
(3.) Shri Indradev Ramnaresh Mishra (said to be the husband, since deceased, of the present Petitioner)had earlierfiled a Petition before the Commission (Case No. 83 of 2011)objecting to the erection of a transmission line tower by the Maharashtra State Electricity Transmission Co. Ltd.(MSETCL) on his land without his prior consent or permission from the District Magistrate, Thane. That Petition was disposed of by the Commission on 19 September, 2011 with the following ruling: "Accordingly, interest of justice would be served in directing that until Respondent No.1 [MSETCL] obtains permission from the District Magistrate or the Commissioner of Police or any other officer authorized by the State Government, Respondent No. 1 cannot lawfully erect and install Tower No. 9/4 or enter upon the Petitioner's land for taking any coercive or other action. Respondent No. 1 is directed accordingly." ;


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