UMA SHANKAR SHARMA Vs. DAMODAR VALLEY CORPORATION, DVC TOWERS, KOLKATA
LAWS(JHAR)-2016-9-66
HIGH COURT OF JHARKHAND
Decided on September 29,2016

UMA SHANKAR SHARMA Appellant
VERSUS
Damodar Valley Corporation, Dvc Towers, Kolkata Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Let Deputy Commissioner, Giridih be impleaded as respondent no. 11 in the instant writ petition, for which necessary correction be carried by learned counsel for the petitioner during the course of the day in red ink in the array of respondents.
(2.) Heard learned counsel for the parties.
(3.) Petitioner herein alleged erection of high voltage electrical poles on his private land having an area of 3.20 acres situated at Plot no. 491, Mouza-Mathadih, District-Giridih. Despite strong protest by him before the authorities of Respondent-Damodar Valley Corporation (hereinafter referred to as 'DVC' in short) vide letter dated 17th June, 2004 (Annexure-1), the electric tower was constructed. Petitioner further alleges that it came to his knowledge that Respondent-Jharkhand State Electricity Board ( hereinafter referred to as 'JSEB' in short) has also erected high voltage electrical poles on his Plot, to which he represented vide letter dated 7th July, 2004 before the Chairman, J.S.E.B as well as Sub Divisional Officer, JSEB, Giridih, Electrical Engineer, (South), Makatpur, Giridih as also Electrical Superintending Engineer, Giridih Circle. Petitioner contends that despite prohibitory orders passed under Section 144 Cr. P.C. by Deputy Commissioner, Giridih on his representation on 27th July, 2004 and notice issued to Respondent-Sub Divisional Engineer, (Electrical), D.V.C the construction continued. It is alleged that six poles have been erected for the purpose of supplying electricity with Rolling Mill of respondent no. 10. Electrical poles are still standing and being used for transmission to electricity plant. However, factory of respondent no. 10 has since been closed.;


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