Bishweshwar Narayan Bhagat vs The State Of Bihar
2023 Latest Caselaw 236 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.690 of 2021
                                           In
                     Civil Writ Jurisdiction Case No.6851 of 2021
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Bishweshwar Narayan Bhagat S/o Late Yamuna Prasad Bhagat, R/o Patel Chwok, PS Katihar, District - Katihar ... ... Appellant/s Versus

1. The State of Bihar through Principal Secretary Energy Department New Secretariat Patna

2. The Chief Manager, Vidyut Bhawan, Jawaharlal Neharu Marg, Patna.

3. The District Magistrate Katihar.

4. The G.M. Bihar Grid Company Limited Vidyut Bhawan, Jawaharlal Neharu Marg, Patna.

5. A.G.M., Bihar Grid Company Ltd., Alankar Place, Second Floor, Boaring, Patna, PS Budhhu Colony, Patna, District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Aditya Shankar Prasad, Advocate Mr. Sanchay Srivastava, Advocate Mr. Saurav Suman, Advocate Mr. Aalekh Anand, Advocate Mr. Sushant Srivastava, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha (AAG7) Mr. Harendra Kumar Tiwary, Advocate Mr. Rakesh Ambastha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 19-01-2023

Heard Mr. Aditya Shankar Prasad assisted by Mr.

Sanchay Srivastava, learned Advocates, Mr. Harendra Kumar

Tiwary for Bihar Grid Company Limited and Mr. Rakesh

Ambastha for the State.

Patna High Court L.P.A No.690 of 2021 dt.19-01-2023

The appellant is the land owner, on whose land the

respondent no. 4 and 5/Bihar Grid Company Limited has

proposed to erect a tower for completing the transmission line

of electricity.

The contention of the appellant before the learned

Single Judge was that this could have been avoided by

shifting the situs to a nearby plot which is by the side of the

road which would not have created any resistance in the

transmission of the electrical energy. Another via media was

suggested by the appellant that for the stretch of the wire

which would otherwise be stringed overhead on the land of

the appellant, for such stretch, the Grid Company could

consider taking/firing the wire underground.

Both of these suggestions did not find favour with

the learned Single Judge.

The reason for rejecting such proposal was the stand

of the Bihar Grid Company Limited that for laying such high

tensile wires for such a long distance which in this case is 200

metres, it has to be, as far as possible, in a straight line. Any

deviation would cause loss of electrical energy. Patna High Court L.P.A No.690 of 2021 dt.19-01-2023

It has further been submitted on behalf of the Bihar

Grid Company Limited that out of 69 towers which were

proposed to be erected for the transmission line, 67 towers

have already been erected. Any deviation in the plan at this

stage, even if it causes some difficulty for one of the land

owners through whose land the electric line would be stringed,

the same cannot be changed.

The suggestion of the appellant that for that stretch,

the Grid Company could have thought of underground wiring

is also not acceptable for the reason that if major part of the

transmission line which is to be laid, is overhead, then for a

small stretch, it would be simply impracticable to make it

underground.

On these grounds, the learned Single Judge had

rejected the contention of the appellant.

We do not find any reason to interfere with the same.

At this point, Mr. Aditya Shankar Prasad, learned

Advocate addressing this Court has invited our attention to the

fact that the ratio of a judgment which has been relied upon by

the learned Single Judge does not apply to the facts of this

case.

Patna High Court L.P.A No.690 of 2021 dt.19-01-2023

We do not wish to get into that issue for the reason

that we do not find the contention of the appellant to be

acceptable for the reasons that we have noted above.

We have noticed that the learned Single Judge has

taken note of the fact that in case the appellant would like to

be restituted/compensated, there is a procedure delineated for

it which could be invoked by him as and when he desires. We

agree.

The appeal stands disposed of accordingly.

(Ashutosh Kumar, J)

(Satyavrat Verma, J)

Kundan/-

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Uploading Date          25.01.2023
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