UDAI SINGH Vs. STATE OF U.P.
LAWS(ALL)-2014-5-321
HIGH COURT OF ALLAHABAD
Decided on May 06,2014

UDAI SINGH Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Petitioner has approached this Court seeking the following reliefs. (i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to pay to the petitioner the compensation for the use of land of the petitioner installing 4 big high voltage electric towers over his land rendering the same as permanently uncultivable without any acquisition of the same and without paying any compensation to the petitioner for the same. (ii) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and consider proper under the circumstances of the case. (iii) Award the cost of the instant petition to the petitioner. The petitioner claims to be bhoomidhar of Gata No. 447, area 1.239 hc., situate at village and Post Gadhima, Tehsil Kiraoli, District Agra. According to the pleadings, Power Grid Corporation of India Ltd. (hereinafter referred to as the 'Corporation') has installed 4 towers of high voltage covering an area of 50 x 50 feet, over the land of the petitioner in June, 2011 making the entire land unfit for cultivation. It has further been submitted that when the petitioner approached the Corporation seeking payment of compensation for the loss suffered by him, a sum of Rs. 6,000/- towards loss of paddy crops and an amount of Rs. 13,000/- for the loss of crops of Mung and Arhar etc. were paid to the petitioner. A further sum of Rs. 16,000/- was also paid for the loss of wheat crop.
(2.) It is alleged that apart from paying meager compensation for the loss of the crops, no amount has been paid towards compensation of the loss, which has been caused by installation of the tower and also for rendering the entire area as unfit for cultivation.
(3.) Power Grid Corporation is a company incorporated under the Companies Act and the shares are owned by the President of India and it is a Central Government Company. In view of the notification dated 24.12.2003 issued by the Central Government, the Corporation is entitled to exercise the same powers as a telegraph authority has, while placing lines or poles under the Telegraph Act.;


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