MOHAN LAL SARKAR Vs. POWER GRID CORPORATION OF INDIA
LAWS(CAL)-2016-7-17
HIGH COURT OF CALCUTTA
Decided on July 21,2016

MOHAN LAL SARKAR Appellant
VERSUS
POWER GRID CORPORATION OF INDIA Respondents

JUDGEMENT

SAMBUDDHA CHAKRABARTI, J. - (1.) The immediate occasion for the petitioner's approaching this Court is the letter dated February 20, 2016, written by the Assistant General Manager, Power Grid Corporation, Baharampur, i.e., the respondent no. 5 herein, to the petitioner which has been annexed as Annexure - P5. By the said letter the petitioner was given reply on the points raised by him by his letters dated January 22 and February 8, 2016 respectively.
(2.) The case of the petitioner in brief is that he owns certain lands in different plot numbers in the district of Birbhum. Of them one particular plot has certain valuable trees and the other is used as an agricultural land where different crops are cultivated throughout the year.
(3.) In the second week of January 2016, the petitioner was informed by the respondents that about 95 trees would be felled and the paddy standing on the other plot of land would be destroyed to draw overhead extra voltage 400 KV transmission line for execution of a certain scheme. He was given to understand that the extra high voltage transmission line would be drawn over the entire one plot of land through the middle portion which required the felling of the trees. The petitioner's request for shifting the overhead transmission line altering its height was declined by the officials of the respondent no. 1 Corporation. The petitioner has alleged that no notice has ever been given to him in order to draw overhead transmission line and no consent was ever taken from him. The petitioner made electronic representation against the proposal and he also submitted two written representations to the respondent no. 5 on January 22, 2016 and February 8, 2016 giving details of all the loss suffered by him for cutting of valuable trees and the future non -usability of the land consequent upon drawal of the overhead line. In reply thereto, the respondent no. 5 by the impugned communication, inter alia, informed the petitioner that the route diversion was practically impossible, felling of trees is followed all over India where new transmission lines were drawn and it was not possible to assess the actual compensation to be paid to the petitioner without the trees being felled first.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.