The Superintending Engineer, Ehv ... vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 9662 Bom

                                                                                                17-WP5897.22.odt
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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR.

                  WRIT PETITION NO. 5897 OF 2022
     The Superintending Engineer, EHV Project Circle, Nagpur and others
                                   -Vs.-
                    The State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
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                                         Mr.D.M.Kale, counsel for the petitioners.
                                         Mr.N.R.Rode, AGP for respondent Nos.1 and 2.



                                                 CORAM : MANISH PITALE, J.

                                                 DATE            : 22.09.2022


                                           Heard         the      learned         counsel         appearing              for
                               petitioners.

2. The petitioner-Electricity Transmission Company is aggrieved by the impugned order passed by the respondent No.2-Sub-Divisional Officer, whereby preliminary objection regarding jurisdiction raised by the petitioners has been rejected.

3. It is the case of the petitioners that any question or grievance regarding compensation payable to the land owner in respect of towers and transmission line established by the petitioner-Company, is to be raised under section 16(3) of the Electricity Act, 2003, before the District Judge within whose jurisdiction the property is situated. In support of the said contention, the learned counsel has placed reliance on judgment of the Hon'ble Supreme Court in the case of Power Grid

KHUNTE 17-WP5897.22.odt

Corporation Ltd. v. Century Textiles & Industries Ltd, reported in (2017) 5 SCC 143. On this basis, it is submitted that the land owners could not have approached the Collector with such a grievance and the matter being referred to the Sub-Divisional Officer by the Collector was also unsustainable. The question of jurisdiction goes to the root of the matter, which the Sub-Divisional Officer failed to appreciate.

4. Issue notice for final disposal, returnable on 14/11/2022.

5. Learned AGP Mr. N.R.Rode waives notice on behalf of respondent Nos.1 and 2.

6. In the meanwhile, there shall be ad interim stay in terms of prayer clause (iii).

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:23.09.2022 11:05

KHUNTE