POWER GRID CORPORATION OF INDIA LTD. Vs. THE CIVIL JUDGE
LAWS(ALL)-2016-5-133
HIGH COURT OF ALLAHABAD
Decided on May 23,2016

POWER GRID CORPORATION OF INDIA LTD. Appellant
VERSUS
The Civil Judge Respondents

JUDGEMENT

- (1.) Heard Sri J. Nagar, Senior Advocate, assisted by Sri Pratik J. Nagar, for the petitioner and Sri Sheshadri Trivedi, for the respondents.
(2.) This petition has been filed for setting aside the orders of Civil Judge (S.D.) dated 10.04.2015, 19.05.2015, 03.08.2015, 09.09.2015, 07.10.2015, 28.10.2015 and 10.11.2015 restraining the petitioner from erecting poles of high tension line and laying electricity wires in it, in or through plot 161 (area 1.8700 hectare) of village Jindpur, pargana Ayahshah, district Fatehpur, in O.S. No. 164 of 2015, Brijraj Singh and others Vs. Power Grid Corporation Of India Ltd. and extending it, time to time.
(3.) Brijraj Singh and others (respondents -2 to 5) filed a suit (registered as O.S. No. 164 of 2015) for permanent injunction, restraining the petitioner, its servants or agents, from erecting poles and laying electricity wires in it, in or through plot 161 (area 1.8700 hectare) of village Jindpur, pargana Ayahshah, district Fatehpur, without acquiring land in dispute, in accordance with law. The petitioner took plea that disputed land was their bhumidhari holding, in which they had sown wheat crop. The disputed land situate by the side of Banda -Sagar, High Way and very valuable land. The defendants have not acquired the land in dispute, in accordance with law. The defendants got surveyed the disputed land for erection of electricity poles of high tension line and laying electricity wires of 4,00,000 volts through disputed land. On 08.04.2015, the servants and agents of the defendant has also marked various places in disputed plot for erection of electricity poles. For which they had no right. Along with the plaint, an application for interim injunction has also been filed.;


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