Patna High Court
Beni Madhav Singh vs Union Of India on 3 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 1917 of 2021
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Beni Madhav Singh, aged about 73 years, Male Son of Late Ganga Singh,
resident of Village - Khamidaura, P.O. and Police Station- Durgawati, District
- Kaimur.
... ... Petitioner/s
Versus
1. Union of India through Secretary, Ministry of Power, Shram Shakti Bhawan,
Rafi Marg, New Delhi- 110001.
2. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Energy Department, Government of Bihar, Patna.
4. The District Magistrate, Kaimur.
5. Bihar State Power Holding Company Ltd. through its Managing Director,
Patna.
6. Managing Director, Bihar State Power Transmission Company Ltd. Patna.
7. Superintending Engineer, Electricity Department, Dehri.
8. The Executive Engineer, Electricity Department, Mohania, District -
Kaimur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate
For the Respondent/s : Mr. Ratnesh Kumar, CGC
Mr. K. K. Prasad, JC to CGC
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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
Date : 03-12-2021
The matter has been heard via video conferencing.
Heard learned counsel for the parties.
The present writ petition has been filed directing the
respondents not to erect/install Towers and lay overhead electric
transmission line over the land of the petitioner bearing Khata No.
Patna High Court CWJC No.1917 of 2021 dt.03-12-2021
264, Plot No. 239 having total area of 2.84 acres situated at village
Khamidaura (Kaimur).
The learned counsel for the respondents has relied
upon a judgment of the Hon'ble Apex Court rendered in the
case of Power Grid Corporation of India Limited vs. Century
Textiles & Industries Limited & Ors. reported in 2017(2) PLJR
(SC)152. The learned counsel for the respondents seeks
to rely upon paragraph nos. 21 and 26 of the said judgments
passed in the case of Century Textiles & Industries Limited &
Ors. (supra), which are quoted herein below:-
"21. Section 10 of the Indian Telegraph
Act,1885 empowers the Telegraph Authority to
place and maintain a telegraph line under, over,
along or across and posts in or upon any
immovable property. The provision of Section
10(b) of the Indian Telegraph Act, 1885, makes
it abundantly clear that while acquiring the
power to lay down telegraph lines, the Central
Government does not acquire any right other
than that of user in the property. Further,
Section 10(d) of the Indian Telegraph Act, 1885
obliges the Telegraph Authority to ensure that it
causes as little damage as possible and that the
Telegraph Authority shall also be obliged to
pay full compensation to all person interested
for any damage sustained by them by reason of
the exercise of those powers.
"26. These are sufficient reasons to
allow Civil Appeal No. 10951 of 2016 preferred by
the Power Grid by setting aside those directions.
Ordered accordingly. We make it clear that if
the writ petitioner feels that it is entitled to any
compensation, the appropriate course of action
is to file a suit before the concerned District
Patna High Court CWJC No.1917 of 2021 dt.03-12-2021
Judge for this purpose. It would also be apt to
point out at this stage that the Central
Government has framed guidelines dated
October 15, 2015 in this behalf which inter alia
provide that the issue of compensation may be
resolved having regard to the mode and manner
of assessment of compensation as per the said
guidelines. Therefore, it would always be open
to the writ petitioner to avail the remedy as per
the said guidelines."
The learned counsel for the petitioner does not dispute
the position in law, hence, he prays for grant of liberty to agitate
his grievances elsewhere.
Having regard to the facts and circumstances of the
case, the present writ petition is disposed of with liberty to the
petitioner to avail such other remedies as are provided for under
the law or as are provided for under the aforesaid judgment
rendered by the Hon'ble Apex Court in the case of Century
Textiles & Industries Limited & Ors. (Supra).
The present writ petition is disposed off on the aforesaid
terms.
(Rajan Gupta, J)
(Mohit Kumar Shah, J)
P. Kumar/Anand Kr.
AFR/NAFR
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