Bombay High Court
Prabhakar Panjabrao Lohkare vs State Of Mah. Thr. Its Secty. And ... on 19 August, 2016
Bench: B.R. Gavai
1 WP3913-12.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.3913/2012
...
Prabhakar Panjabrao Lohkare,
Aged about 73 years,
Occupation: Pensioner,
R/o Plot No.28, Baba Faridnagar,
Near Railway Crossing,
Zingabai Takli, Nagpur. .. PETITIONER
ig .. Versus ..
1. State of Maharashtra,
through its Secretary,
Industries, Power and Labour
Department Mantralaya,
Mumbai 400 032.
2. Maharashtra State Electricity
Transmission Company Limited,
(M.S.E.T.C.L.) (MAHATRANSCO)
Extra High Voltage Construction-
cum-Operation and Maintenance
Zone, through its Chief Engineer,
Ingole Bhavan, Faras,
Chhindwara Road, Mankapur,
Nagpur.
3. Neha Construction Company,
G-4, Mahalaxmi Apartments,
Khare Town, Dharampeth,
Nagpur.
4. Union of India, through its
Secretary, Ministry of Shipping,
Road Transport and Highways,
New Delhi.
5. Collector,
Nagpur, Tahsil & District Nagpur. .. RESPONDENTS
::: Uploaded on - 22/08/2016 ::: Downloaded on - 23/08/2016 00:16:53 :::
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Mr. A.R. Ingole, Advocate for Petitioner.
Mr. N.M. Ekre, A.G.P. for Respondent Nos. 1 & 5.
Mr. G.E. Moharir, Advocate for Respondent No.2.
....
CORAM : B.R. Gavai & Z.A. Haq, JJ.
DATED : August 19, 2016.
ORAL JUDGMENT (per B.R. Gavai, J. )
1. Not on board. Taken on board.
2.
Rule. Rule made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
3. The petitioner has approached this Court for direction to
respondent no.5- Collector, Nagpur to decide the representation
dated 17.03.2012 made by the petitioner for grant of
compensation in view of the Government Resolution dated
1.11.2010.
4. It is the contention of the petitioner that the transmission
towers were erected on the land owned by the petitioner and as
such the petitioner would be entitled to grant of compensation in
view of the G.R. dated 1.11.2010.
5. The perusal of the G.R. dated 1.11.2010 would reveal
that whenever the transmission towers are erected by the
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Maharashtra State Electricity Transmission Company Limited, the
compensation should be granted for erecting such towers as per
the rates specified in the G.R. dated 1.11.2010.
6. Since it is not disputed that the towers are erected on
the land owned by the petitioner, we allow the petition and direct
respondent no.5- Collector, Nagpur to quantify the claim of the
petitioner towards compensation for the user of the land for
erection of the towers. We direct that such quantification shall be
done by respondent no.5 within a period of six weeks from today
after giving an opportunity of hearing to the petitioner and
respondent no.2. Respondent no.2 is directed to make payment of
the compensation to the petitioner within a period of six weeks
from the date of the determination of the compensation by
respondent no.5.
7. The petitioner and respondent no.2 shall appear before
respondent no.5 or the authority to whom the powers are
delegated by him on 29.08.2016 at 11 a.m.
8. Rule is made absolute in the aforesaid terms with no
order as to costs.
(Z.A. Haq, J. ) (B.R. Gavai, J.)
...
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Certificate
I certify that this judgment uploaded is a true and correct
copy of original signed Judgment.
Uploaded by : R.G. Halwai, Uploaded on : 22.08.2016
