- (1.) Heard learned counsel for the parties and perused the record.
(2.) The petitioner is challenging the impugned order dated 26.6.2015 passed by respondent no.7, District Magistrate, Hapur, District Hapur. The petitioner has further prayed a writ of mandamus restraining respondent no.2, Uttar Pradesh Power Transmission Corporation Limited, Lucknow from laying down Transmission line or carrying out any works in connection thereto over land relating to khasra nos. 709, 739, 686, 687, 707Ka, 707Kha, 689Ka, 689Kha, 690Ka, 690Kha, 699-Meen, 700-Meen, 701-Meen, 704-Meen and 706 at village Accheja, Hapur. For ready reference, the relevant portion of the order dated 26.5.2015 is quoted below:- 586868-1 "As per Section 164 of the Electricity Act, 2003 with Section 10 of the Indian Telegraph Act, 1885 recognized the absolute owner of the Transmission licensee to proceed with placing of electric supply lines or electric polls for the transmission of electricity on or over the private lands subject to the right of the owner/occupier to claim compensation if any damage is sustained by him by reason of placing of such electric supply lines. In other words, neither the acquisition of the lands is necessary nor there is any need for consent of owner or occupier." 586868-3
(3.) The petitioner is a consortium company working with another consortium company M/s Excel International Realty Limited having its registered office at F-22 Main Wazirabad Road, Khajurikash, Delhi. It is incorporated under the provisions of Companies Act, 1956. The petitioner's company is a registered developers with the Hapur Pilkhwa Development Authority, Hapur (hereinafter referred to as the 'HPDA'), which has been constituted under Section 3 of the U.P. Urban Planning Development Act,1973. The company applied to the HPDA for grant of licence of integrated township in village Accheja at Hapur as the petitioner had proposed to develop an integrated township over the property in question, which was to be developed in accordance with the Government orders dated 21.5.2005, 29.12.2005 and 28.4.2006. The proposed integrated township over the property in question had sanctioned of the Government of U.P. therefore, the petitioner applied for grant of licence, which was accordingly, granted by HPDA vide letter dated 25.11.2009 for a period of two years. It appears that under the draft Master Plan 2021 published by HPDA, the area in question was earmarked for industrial use. The petitioner filed objection and sought conversion of lands use from industrial to residential in order to enable the petitioner to execute the project in terms of the licence granted to it. It further appears that the petitioner has not deposited the amount of conversion charges except giving assurances that he is ready to deposit the same. Even Master Plan for integrated township has not been sanctioned and the licence which was granted to the petitioner on 25.11.2009 stood expired on 24.11.2011. It also appears from the record that respondent no.2 is a State Transmission Utility as defined under Section 67(2) of the Electricity Act, 2003 and at present respondent no. 8 is laying down 765 Kv High Tension Transmission Line between Mainpuri to Hapur.;