HEMLATA Vs. MAHARASHTRA STATE ELECTRICITY TRANSMISSION COMPANY LIMITED

JUDGEMENT

(1.) Rule. Heard finally with the consent of the learned counsel for the parties.

(2.) The petitioners seek modification of the judgment dtd. 30/3/2019 passed by the District Magistrate, Nagpur in proceedings under Sec. 16(1) of the Indian Telegraph Act, 1885 (for short, the Act of 1885). By amending the writ petition, the petitioners have also prayed that the respondent no.1-Maharashtra State Electricity Transmission Company Limited be directed to acquire the entire land of the petitioners in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act of 2013). In the alternate, it is prayed that the petitioners be compensated by the respondent no.1 as regards all towers erected on the land of the petitioners in accordance with the Circular dtd. 31/5/2017 issued by the State Government.

(3.) The facts relevant for consideration of the prayers made in the writ petition are that it is the case of the petitioners that their predecessor Shri Chandru purchased land admeasuring 2 H 40 R from Survey No.37 situated at Mouza-Sawangi, Tahsil Kalmeshwar, District Nagpur by a registered sale deed dtd. 20/10/1989. Shri Chandru expired on 11/3/2014 after which the petitioners as his legal heirs got knowledge about the aforesaid transaction. The petitioners thereafter got their names mutated in the revenue records and the land was re-numbered as field Survey No.91/2. The petitioners state that on visiting the said land, it was noticed that the respondent no.1 had erected about eighteen towers thereon. The petitioners sought information under the Right to Information Act, 2005 and were informed about the nature of towers erected by the communication dtd. 28/9/2017. Thereafter on 20/12/2017 the petitioners were informed that the towers in the said field were commissioned prior to the year 2010 before the Government Resolution dtd. 1/11/2010 was brought into force. In the meanwhile, on 11/7/2018 the petitioners issued a legal notice to the respondent no.1 and called upon them to acquire the entire land and pay them compensation in accordance with the Act of 2013. Since the petitioners noticed certain activities being undertaken on the said land at the behest of the respondent no.1, they sought to make enquiries in that regard. Thereafter on 3/12/2018 a complaint was lodged by the petitioners with the Tahsildar, Kalmeshwar. It is thereafter that the petitioners were served with a notice issued by the respondent no.1 purportedly under the Act of 1885. It was learnt that the proceedings have been filed under Sec. 16(1) of the Act of 1885 by the respondent no.1. The petitioners filed a reply in the said proceedings on 21/1/2019. The petitioners also filed written notes of argument before the District Magistrate. By the judgment dtd. 30/3/2019 the District Magistrate held that the respondent no.1 was entitled to continue the work of laying down 220 KV Line and erect transmission towers on the land in question. The petitioners were restrained from obstructing the said work. They were held entitled to compensation as per Government Resolution dtd. 31/5/2017. It was further directed that if no compensation was paid to the petitioners for the towers that were erected earlier, the same should be paid as per the prevailing government rates and valuation undertaken by the Sub-Divisional Magistrate. This was directed to be done within a period of one month. According to the petitioners this order dtd. 30/3/2019 having been passed with regard to three differently situated land owners, the same was the result of non-application of mind and was liable to be modified. In that backdrop, the petitioners have approached this Court by way of present writ petition.