Allahabad High Court
Deependra Kumar Srivastava vs State Of U.P. And 4 Others on 28 February, 2023
Bench: Mahesh Chandra Tripathi, Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 39203 of 2022
Petitioner :- Deependra Kumar Srivastava
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Manoj Kumar Singh
Counsel for Respondent :- C.S.C.,Arti Raje
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Vivek Kumar Singh,J.
Heard Manoj Kumar Singh, learned counsel for the petitioner and Ms. Arti Raje, learned counsel for the respondent Nos.4 and 5 and Sri Raj Mohan Upadhyay, learned Standing Counsel for the State-respondent.
Present writ petition has been preferred for a direction to respondents to remove/shift the 11000 Volt electricity wire, which has been raised over and above the land of the petitioner situated in Gata No.1525 area 2375 sq. ft. Mohalla Tilak Nagar (Badanpura), Konch, Distt. Jalaun at Orai, within stipulated period.
While entertaining the writ petition on 9.2.2023 this Court has passed following order :-
"Heard Shri Manoj Kumar Singh, learned counsel for the petitioner, learned Addl. Chief Standing Counsel for State respondents and Shri Pramod Kumar, learned counsel holding brief of Ms. Arti Raje, learned counsel for respondent nos.4 and 5.
Present writ petition has been preferred for a direction to respondents to remove/ shift the 11000 Volt electricity wire, which has been raised over and above the land of the petitioner situated in Gata No.1525 area 2375 sq. ft. Mohalla Tilak Nagar (Badanpura), Konch, Distt. Jalaun at Orai, within stipulated period.
Sri Pramod Kumar, learned counsel for the respondents placed the detailed instructions dated 30.01.2023 sent by the Executive Engineer, Electricity Distribution Division, District Jalaun at Orai and submits that the relief as has been prayed for is not admissible in view of the judgment passed by the Division Bench of this Court in Deva Raj v. U.P. State Electricity Board, Lucknow & Ors., AIR 1977 Allahabad 452, wherein the Division Bench has opined that the respondents have the power to install the towers on the land owned by a person. Similar view has also been taken by the Madras High Court in E Venkatesan & Ors. v. Chairman, Tamil Nadu Electricity Board, Madras & Ors., AIR 1977 Madras 64. Reliance has also been placed on the judgment dated 5.7.2016 in Writ C No.29995 of 2016 (Pooran Singh & Ors. v. State of U.P. & Ors.), wherein the Court has opined that the construction of transmission power service lines cannot be stopped for want of payment of compensation. However, an appropriate direction can be issued to the competent authority for determining the compensation in accordance with law and pay the same to the tenure holders over whose land the towers are being erected. The competent authority for disbursement of compensation is the District Magistrate. It is contended that high voltage line alignment cannot be changed. However, on the instructions, he submits that the matter is ceased before the authority concerned and in case if it is feasible for minor shift of high voltage wire, then exact location of the holding is to be apprised by the petitioner to the authority concerned so that remedial measures may be taken in the matter.
Considering the facts and circumstances of the case, let the petitioner approach the Executive Engineer, Electricity Distribution Division (First), Distt. Jalaun at Orai within week's time and apprise the correct location of his holding and in case it is feasible, the authority may visit on the spot and submit a report on the next date fixed in the matter.
Let the matter be again listed on 28.2.2023 as fresh."
Pursuant to aforesaid order learned Standing Counsel has produced letter/instruction dated 15.2.2023 send by Executive Engineer, Electricity Distribution Division (First), District Orai, which is taken on record. He submits that the officials of the Electricity department have visited on spot many times, but they could not get any response from petitioner's side.
Learned Standing Counsel for the State submits that construction of transmission power service lines cannot be stopped for want of payment of compensation. However, an appropriate direction can be issued to the competent authority for determining the compensation in accordance with law and pay the same to the tenure holders over whose land the towers are being erected. The competent authority for disbursement of compensation is the District Magistrate. It is contended that high voltage line alignment cannot be changed.
Confronted with the situation learned counsel for the petitioner submits that he is not inclined to press the writ petition, in case leave is accorded to the petitioner to file an application for compensation before the District Magistrate, Jalaun at Orai as aforesaid.
Considering the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file fresh representation/application for compensation, within two weeks from today, along with copy of this order before the competent authority, which is stated to be District Magistrate, Jalaun at Orai, who may consider the representation/application filed by the petitioner and decide the same in accordance with law, as expeditiously as possible.
Order Date :- 28.2.2023
Dev/-
