- (1.) MR. Das, learned counsel appearing for the petitioner, submitted that the respondents have installed electric poles and transformer on the raiyati land of the petitioner. Therefore, appropriate direction may be issued to the respondents to either remove it or pay suitable compensation to the petitioner for the loss suffered / to be suffered by him on account of such installation.
(2.) MR. Mukesh Kumar, learned counsel appearing for the Board, on the other hand submitted that such claim of compensation is to be made before the Deputy Commissioner in view of section 3 of The Works of Licencees Rules, 2006. He referred to the order dated 16.04.2010 passed in W.P.(C) No. 2885 of 2004. I am not inclined to issue direction to the respondents to remove the electric poles and transformer. However, petitioner is given liberty to file representation before the District Magistrate of the concerned district raising his claim for payment of compensation annexing all relevant documents in support of his claim and, within two months from the date of receipt of the representation, the District Magistrate shall take appropriate decision by passing a reasoned and speaking order in accordance with the relevant Rules. The District Magistrate may, if he feels necessary, conduct an enquiry through appropriate agency into the matter relating to the place where the installation has been made and the area of land which the installation has occupied, if the petitioner satisfies that the land belongs to him. It is made clear that this court has not gone into the merits of the claim of the petitioner. With these observations/directions, this writ petition is disposed of.;