BRAJESH CHAUBEY Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Petitioners, who are two in number are before this Court with a prayer to command the respondent no.3 to stop the work of establishment of Poles for 132 Kv Line over the plots number of petitioners as mentioned in paragraph no.5 of the writ petition and further compensate the damage of the crops which has done away by destroying.

(2.) The petitioners claim to have transferable rights in the agricultural land detailed in para-5 of the writ petition. It is alleged that the respondents, without obtaining the consent of the petitioners, have resumed their land to realign the high tension power lines along with the poles sought to be set up on their land without giving notice of personal hearing to them. On account of high tension power lines drawn over their land, they are unable to use their land for any purpose. The cause of action for filing the present writ petition had arisen when the respondent authorities had started making inspection over the petitioners' land.

(3.) Learned counsel for the petitioners submits that the high tension power lines cannot be drawn over the land of any person without taking his expressed consent. If any objection is raised for digging up the land to instal poles and drawing electricity lines, which may affect beneficial enjoyment of the land, the respondents must compensate the persons who suffer the loss of the beneficial utilisation of the land. He submits that in view of Sec. 164 of the Electricity Act read with Electricity Rules, and Sections 10, 16, 16 (1) of the Indian Telegraph Act, 1885 (13 of 1985), the petitioners are entitled to compensation at the rates for which they have represented.