MOHD. SHARIF SAIF Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner is a bhumidhar with transferable rights in Khata No.15 area 0.1170 hect. and Khata No.19 area 0.5590 hect. situated in Village Fatehullahganj, Pargana Thakurdwara, Tehsil Thakurdwara, Distt. Moradabad. By this writ petition he has prayed for directions to the respondents to remove the high tension wires, which are passing through his bhumidhari land in Gata no.19 and to decide his application dated 27.10.2009 for removing the wires. The writ petition was amended adding facts, grounds to support the prayers for a direction to respondents to pay Rs.68,24,190/- as compensation for illegal drawing high tension wires through petitioner's land since 1970, after deducting amount of Rs.5,75,810/- of the value of the amount for shifting high tension wires as calculated by the respondents vide their letter dated 30.1.2012.

(2.) The petitioner filed this writ petition and has argued in person. Learned Standing Counsel appears for respondent no.1. Shri Pankaj Kumar Shukla appears for Chairman/ Managing Director, U.P. Power Corporation, Lucknow and Western Electricity Distribution Corporation, Meerut and its engineers arrayed as respondent nos.3 to 6.

(3.) The petitioner claims to have transferable rights in the agricultural land detailed as above. It is alleged that the respondent nos.2 to 6 without obtaining the consent of the petitioner have drawn two electricity polls over his bhumidhari land in Gata No.19 and installed two high tension wires of 11000 volts. There is big hall measuring 40'x60' for establishing rice mill but on account of high tension wires the petitioner could not secure license. he applied for to the Zila Panchayat, Moradabad on 28.2.2009 for holding weekly market on his Gata No.19. The Upper Mukhya Adhikari, Zila Panchayat, Moradabad by his letter dated 22.8.2009 directed the petitioner to remove the high tension wires. Thereafter, the petitioner requested the respondent nos.2 to 6 several times but they have not taken any steps to remove high tension wires. It is alleged that on account of high tension wires drawn over the petitioner's land he is unable to use the land for any purpose including charitable purpose and for which he is sufferring recurring losses of Rs.1 lac per month.