Chandra Raj Gupta vs The Chairman National Highways ...
2023 Latest Caselaw 5347 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.5274 of 2023
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Chandra Raj Gupta S/o Sri Panna Lal Bumwal, R/o Badi Bajar, Munger, Bihar - 811201.

... ... Petitioner/s

Versus

1. The Chairman National Highways Authority of India New Delhi.

2. The Project Director, Project Implementation Unit of National Highways Authority of India, Munger, District - Munger, Bihar.

3. The Chairman cum Managing Director, Bihar State Power Transmission Company Ltd., Vidyut Bhawan, Patna, Bihar.

4. The Vidyut Karyapalak Abhiyanta, Bihar State Power Transmission Company Ltd, Munger, District - Munger, Bihar.

5. The Managing Director, M/S Chaitanya Projects Consultancy Pvt Ltd., Patna, Bihar.

6. The Director, M/S SP Singla Construction Pvt. Ltd., Munger, Bihar.

7. Circle Officer, Munger, District - Munger.

8. The State of Bihar through the Principal Secretary Energy Department, Government of Bihar, Patna.

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

For the Petitioner/s : Mr.Jainandra Kumar, Adv.

     For the State          :      Mr. Shiv Kumar, AC to GA-3
     For the NHAI           :      Dr. Anand Kumar, Adv.
                                   Mr. Ramesh Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 16-10-2023

Heard the Ld. Counsel for the petitioner as also the Ld.

Counsel for the Respondent Company, who is connected online,

leading to the present case being heard by Hybrid mode. Patna High Court CWJC No.5274 of 2023 dt.16-10-2023

2. The present writ petition has been filed for directing the

Respondents to justify as to how 132 K.V. electricity line tower

has been installed in the plot / premises, situated at Khata No.

28, Khesra No. 19, Mauza-Milkichak, Circle-Munger, District-

Munger, which the petitioner has purchased in the name of his

wife, who is no longer alive and further to direct the

Respondents to remove the same.

3. The leaned counsel for the petitioner has submitted that

the Respondent No. 2 has installed 132 K.V. electricity

transmission tower on the aforesaid plot of the petitioner,

without either intimating him or without taking his permission,

hence, the same is illegal.

4. Per contra, the learned counsel for the Respondent-Bihar

State Power Transmission Company Ltd. (herein after referred

to as the 'Company') has submitted that a Rail-cum-Road

Bridge between Munger (NH-80) and Begusarai (NH-30)

towards Munger has been constructed by the National Highway

Authority of India (hereinafter referred to as "the NHAI"),

resulting in decreasing of the clearance between the existing

bottom conductor of 132 K.V. S/C Jamalpur-Tarapur

transmission line to the top level of the road, hence, the NHAI

had requested the Respondents-Company, vide letter dated Patna High Court CWJC No.5274 of 2023 dt.16-10-2023

1.3.2021, to raise the height of the said transmission line,

whereafter an estimate was prepared for the said purpose by the

Technical Section and a project plan was also submitted before

the NHAI, Munger, for raising the height of the transmission

line in question, which was then approved by the competent

authority, vide letter dated 11.1.2022, issued by the Chief

Engineer (Project-II), BSPTCL, Patna. It is also submitted that

at the time, the electricity transmission tower was being erected,

there was no tin shed in the plot in question i.e. in the month of

June, 2022, when the NHAI had started the civil foundation

work. It is also submitted that the plot in question exists in the

transmission line corridor and the plot is just behind the tower

location no. 242 of the transmission line in question, therefore,

an electricity safety information notice was served by the local

authorities of BSPTCL upon the petitioner to make him aware

about the electrical safety norms during the course of carrying

out of construction work on the plot in question and the

authorities of the Respondent Company had also met the

petitioner with regard to the shifting work, whereafter the

shifting work was done in presence of the District

Administration and the District Police Personnel. It is next

contended that the officials of the Respondents-Company had Patna High Court CWJC No.5274 of 2023 dt.16-10-2023

also asked the NHAI officials to pay compensation to the

petitioner.

5. The learned counsel for the Respondents-Company has

also contended that the plot in question already exists in the

transmission line corridor and the said transmission line is in

existence since about 47 years as also the plot in question is

behind the tower location no. 242, however, for the purposes of

shifting and raising the height of the existing transmission line,

3 new towers were required to be erected, resulting in some

portion of the new tower, at location no. 242, falling within the

plot of the petitioner. It is submitted that the foundation work in

question was completed by NHAI in in the month June, 2022,

for connecting tower no. 241 with tower no. 243 and for the said

purpose, a new tower at location no. 242 was also erected, part

of which falls within the plot in question. It is also contended

that severe power crisis was being faced by the residents of

Tarapur due to non-functioning of the transmission line since

10.6.2022 on account of low clearance of the transmission line

in question, hence, it was necessary to shift and raise the height

of the existing transmission line in question, thus, the new tower

was erected, portion whereof falls within the plot of the

petitioner herein.

Patna High Court CWJC No.5274 of 2023 dt.16-10-2023

6. The learned counsel for the Respondents-Company has

next relied upon a judgment, rendered by the Hon'ble Apex

Court 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-Company 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 Patna High Court CWJC No.5274 of 2023 dt.16-10-2023

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 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."

7. 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.

8. Having regard to the facts and circumstances of the case,

I deem it fit and proper to grant 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).

Patna High Court CWJC No.5274 of 2023 dt.16-10-2023

9. The present writ petition stands disposed off on the

aforesaid terms.

(Mohit Kumar Shah, J) Ajay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       NA