Mahaebub S/O Piru Gaure vs State Of Maharashtra, Thr. Its ...
2022 Latest Caselaw 11871 Bom

                                                            WP.2634.22.J
                                    1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT NAGPUR, NAGPUR.
                              ...

WRIT PETITION NO. 2634 /2022

Mehaebub s/o Piru Gaure Aged about 38 years, occu: Agriculture R/o Medshi, Tq. Malegaon Dist.Washim, Maharashtra- 444 503. ..PETITIONER

versus

1) State of Maharashtra Through its Secretary Ministry of Power and Electric Supply Mantralaya, Mumbai-32.

2) The Collector Washim.

3) Sub-Divisional Officer Washim, Dist.Washim

4) Tahsildar (Revenue ) Tah.Malegaon,Dist.Washim.

5) The Superintendent of Police Washim, Kata Road, Civil Lines Washim, Dist.Washim.

6) Maharashtra State Electricity Transmission Corporation, Though its Executive Engineer Transmission, Vidhyut Bhavan, Civil Lines, Road Ratan Lal Plot, Durga Chowk, Akola Maharashtra.

7)    National Highway Authority of India
Ministry of Road Transport and Highway
Through its Secretary
Dwarka, New Delhi.                                 ..   RESPONDENTS
                                                                                               WP.2634.22.J

..................................................................................................................

Mr. R.V. Gahilot, Advocate for Petitioner Ms. T.H.Udeshi, A.G.P. for Respondent Nos. 1 to 5 Mr. G.A. Kunte, Advocate for Respondent No.6 None present for Respondent No.7 ................................................................................................................

CORAM: A.S. CHANDURKAR & ANIL L. PANSARE, JJ DATED : 21st November, 2022.

JUDGMENT: (Per Anil L.Pansare, J.)

1. Rule. Rule is made returnable forthwith. Heard finally

with the consent of the parties.

2. The Petitioner is aggrieved by the order dated 18 th April,

2022 passed by the Respondent No.5-Superintendent of Police, Washim,

thereby providing police protection to the Respondent No.6-

Maharashtra State Electricity Transmission Corporation for shifting 132

K.V. transmission line though the land belonging to the petitioner. The

Petitioner has sought a writ of mandamus directing the Respondent

No.2-Collector, Washim, to forthwith initiate the process of acquisition

of land and payment of compensation and damages. The Petitioner has

further sought a direction to the Respondent No.6-Corporation not to

undertake the process of shifting 132 K.V. transmission line without

following due process of law.

3. The petitioner is the owner of Field Survey No. 455 WP.2634.22.J

admeasuring 1.41 HR situated at village Medshi, Tq.Malegaon,

Dist.Washim. According to the petitioner, in the month of September,

2021 about 10-12 officials of Respondent No.6-Corporation and

Respondent No.7-National Highway Authority of India entered the

Petitioner's land and started conducting survey without permission of

the Petitioner and caused damage to the standing crop of soybean. On

enquiry, the Petitioner came to know that the Respondent No.6 is

planning to shift few electric towers of high tension line and one of such

towers will be installed and erected in the field of the Petitioner. This

was being done in view of the widening of National Highway by the

Respondent No.7 and the consequential realignment of electric line.

4. The Petitioner objected for erecting transmission tower in

his field and preferred a representation to that effect with the

Respondent No. 2-Collector. On 9th October 2021, the petitioner

received a communication from the Respondent No.6-Corporation

informing him that as per the Indian Telegraphic Act 1885, for the

purpose of shifting of 132 K.V. Patur-Malegaon Transmission Line, if

any damage is caused to the crops of the Petitioner, appropriate

compensation will be paid by Respondent no.7 or the Contractor

appointed by it. The Petitioner submits that, instead of following due

process of law for extending compensation, the Respondent No.6-

WP.2634.22.J

Corporation vide impugned order dated 18th April, 2022 granted police

protection for erecting/shifting the electric poles/towers in the

Petitioner's land without awarding compensation. The said act,

according to the Petitioner, is violative of Article 300A of the

Constitution of India and is against the procedure prescribed under

various Government Resolutions (GR).

5. Mr. R.V.Gahilot, learned Advocate for the Petitioner submits

that the petitioner does not have any objection if the transmission tower

is erected in his field, but prior thereto, the Petitioner ought to be

adequately compensated. As against, Mr. G.A. Kunte, learned counsel

for the Respondent No.6 submits that as per the GR dated 31 st May

2017, the entire procedure in respect of payment of compensation for

erection of tower /transmission line and for payment of compensation,

is laid down. He further submits that the Respondent no.6 had already

applied to Sub-Divisional Officer for determining the compensation as

per the said GR. Ms.T.H.Udeshi, learned Assistant Government

Pleader for the Respondent Nos.1 to 5 submits that the procedure as

laid down in GR dated 31st May 2017 shall be followed and the

Petitioner will be adequately compensated and, as such, he cannot

therefore obstruct the work under question. The Petitioner having done

so, the assistance of the Respondent No.5 is sought. She further submits WP.2634.22.J

that the Respondent No.5 has acted in terms of the communication

dated 17th March, 2022 received from the Respondent No.2-Collector

directing the Respondent no.5 to grant police protection to the

Respondent No.6 for erecting/shifting tower as well as electric line.

6. We have considered the rival submissions. There is no

dispute that a detailed procedure for erecting the transmission tower

and shifting of transmission line has been laid down in the GR dated

31st May 2017, which also provides for granting compensation to the

affected parties. The Respondents have assured that the procedure as

laid down in the GR dated 31st May 2017 will be followed and, thus,

the apprehension put forth by the Petitioner appears to us to be

uncalled for. In addition, learned counsel for Respondent No.6 has

placed on record the GR dated 2nd November 2022, which pertains to

granting compensation to the affected parties by the erection of

transmission towers and by shifting transmission lines over the lands

belonging to the affected parties. The said GR provides a modified

procedure for granting compensation which is more beneficial than the

procedure laid down in earlier GR. In that sense, the Petitioner will now

be benefited by the modified procedure for assessment of

compensation. The Respondents have assured that though the method

for erecting transmission tower will be adopted in terms of the GR WP.2634.22.J

dated 31st May 2017, the compensation shall be calculated in terms of

the GR dated 2nd November, 2022.

7. Thus, in our view, the apprehension put forth by the

Petitioner that he will not get adequate compensation is resolved

through the replies filed by the Respondents. The Respondents have

assured that necessary panchnamas will be drawn and that the

Petitioner will be put to notice before drawing the panchnamas. The

Petitioner, therefore, will be facilitated to understand the area that will

be affected because of shifting/erection of 132 K.V. transmission line

and that he will be adequately compensated. In that view of the matter,

we are inclined to allow the petition. The Rule is, accordingly, made

absolute in the following terms with no order as to costs.

8. The work of erection of 132 KV transmission line in Field

Survey No.455 situated at Mouja Medshi, Tah. Malegaon, Dist.Washim

shall be done in accordance with the GR dated 31st May, 2017. The

compensation payable to the Petitioner would be in terms of the GR

dated 2nd November, 2022. The Petitioner shall cooperate in the said

process.

            (ANIL .PANSARE,J.)               (A.S.CHANDURKAR, J.)

sahare

                                                             Digitally Signed ByNARENDRA
                                                             BHAGWANTRAO SAHARE
                                                             Location:
                                                             Signing Date:24.11.2022 19:05