LAWS(PAT)-2011-4-103

CHANDRA BHUSHAN SINGH Vs. UNION OF INDIA

Decided On April 26, 2011
CHANDRA BHUSHAN SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for Union of India, appearing on behalf of respondent nos. 1 and 2, learned counsel appearing on behalf of respondent no. 3, as also learned counsel appearing on behalf of respondent nos. 4 to 6.

(2.) The petitioner has filed the present writ petition under Article 226 of the Constituton of India for the reliefs, delineated in Paragraph-1 of the present writ petition, which are quoted here in below:

(3.) Learned counsel for the petitioner submits that land belonging to the petitioner bearing plot no. 1880 appertaining to khata no. 126, situate at Village-Ekawana, P.S.-Udwant Nagar, District-Bhojpur has been used without his consent and its frontal portion has been occupied by respondent nos. 4 to 6 by erecting/installing strut/electrical poles for carrying high voltage wire causing heavy loss to the petitioner, since the land in question is commercially viable. He further submits that under the provisions of the Indian Telegraph Act, 1885 (in short Act), as also under the provisions of the Works of Licensees Rules, 2006, framed under the provisions of the Electricity Act, 2003, respondent nos. 4 to 6 are obliged to pay adequate compensation for using/occupying the land belonging to the petitioner. According to him, till date no compensation at all has been paid by the respondent concerned for using/occupying the said land. The petitioner claims to have submitted his representation before the authority concerned, but that has brought no fruitful result, compelling him to approach this Court by filing the present writ petition.