Rajasthan High Court

Babulal Babar S/O Shri Moolchand ... vs State Of Rajasthan on 11 November, 2021

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4481/2021

1.      Babulal Babar S/o Shri Moolchand Babar, Aged About 55
        Years, Resident Of Ward No.43, Amedkar Nagar, Tehsil
        Sikar, District Sikar, Rajasthan.
2.      Baluram S/o Todaram Balai, Aged About 70 Years,
        Resident Of Village Bhadhadar, District Sikar, Rajasthan.
                                                                  ----Petitioners
                                   Versus
1.      State Of Rajasthan, Through Principle Secretary, Energy
        Department, Government Of Rajasthan, Secretariat,
        Jaipur.
2.      District Collector, Sikar, District Sikar, Rajasthan.
3.      Executive Engineer, Rajasthan Vidhyut Prasaran Nigam
        Ltd., Sabalpur Power House, Sikar, Rajasthan.
4.      Rakesh S/o Bhanwarlal Khatik, Resident Of Khood, Tehsil
        Danta Ramgarh, District Sikar.
5.      Bhagu S/o Nanga Balai, Resident Of Khood, Tehsil Danta
        Ramgarh, District Sikar.
                                                                ----Respondents

For Petitioner(s) : Mr. Ajit Maloo Mr. Vishnu Bohra For Respondent(s) : Mr. R.P. Singh, AAG with Mr. Jaivardhan Sekhawat Mr. L.L. Gupta Mr. Bhagwat Singh Choudhary, Dy.G.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

11/11/2021

1. This writ petition has been filed by the petitioners with the

following prayers;

It is therefore most respectfully prayed that the writ petition may kindly be allowed and by issuing appropriate writ, order or direction respondents may kindly be restrained from laying electricity transmission towers and line through the land of petitioners namely Khasra No. 1088/489 and 973/489.

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In the alternative the route of electricity line should be changed as suggested in the sketch map (Annexure-2) so as to cause minimum damage to the petitioners. The respondents may further directed to pay compensation to the petitioners before laying transmission lines.

Any other order which this Hon'ble Court considers fit and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioners".

2. This Court while issuing notice to the respondent(s) on

07.04.2021 passed the following order;

"Learned counsel for the petitioners relies on order passed by the Coordinate Bench dated 5th August, 2020, Hawa Singh Vs. Union of India to submit that the respondents will have to pay the excess compensation to the petitioners. Issue notice of the writ petition as well as the stay application, returnable within ten days. Notices be given "dasti", as prayed.

In the meanwhile, the status quo shall be maintained.

List this case again on 22.04.2021".

3. Admittedly, the interim order was passed considering the

judgment passed by the Co-ordinate Bench of this Court in the

matter of Hawa Singh Vs. Union of India & Anr. (S.B. Civil Writ

Petition No. 8286/2020) where-in on 05.08.2020 following order

was passed;

"The SB Civil Writ Petition Nos.8268/2020, 8277/2020, 8279/2020, 8285/2020 & 8286/2020 are listed today under the heading "to be mentioned". These writ petitions are also being heard along with the writ petitions listed today under the category of "fresh admission".

All these writ petitions have been filed by the respective khatedars or owners or persons claiming legal possession over the land in question.

It is contended by learned counsel for the petitioners that without acquiring the land in question or without paying any compensation, the respondents are bent

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upon to enter their land, erect towers and lay overhead electric transmission lines. Mr. Jai Raj Tantia, learned counsel appearing for the caveators/respondents No.5 to 7, relying upon Section 10 and Section 105 read with Forth Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as the "the Act of 2013"), submitted that while erecting towers and laying overhead electric transmission lines under the Electricity Act, 2003, they are not required to carry out any acquisition proceedings. He submits that they are, of course, under an obligation to pay compensation to the land holders in case their land is being used for erection of towers and laying overhead electric transmission lines and any damage is caused thereby, under the provisions of the Indian Telegraph Act, 1885 (hereinafter referred to as the "the Act of 1885"). He further submits that if the land owners feel dissatisfied with decision of the respondents as to their entitlement to receive the compensation and/or as to insufficiency of the compensation, they may approach the concerned District Judge under Section 16 of the Act of 1885. He, on instructions, submits that the respondents are ready and willing to pay compensation to the petitioners in case their right to get the same is established qua the land in question before they embark upon to erect towers and lay overhead electric transmission lines in their land.

Learned counsel for the petitioners has no objection for erection of towers and laying overhead electric transmission lines through their land if the respondents pay compensation to them before undertaking this exercise. The learned counsel for the petitioners also undertakes to withdraw the Civil Suit for permanent injunction pending in the Court of learned Civil Judge, Chidawa, Jhunjhunu filed by the petitioners in SB Civil Writ Petition No.8279/2020 on or before next date fixed in the suit i.e. on 20.08.2020. In view of the submissions made by the respective counsels, the legal position obtaining, these writ petitions are disposed of with the following directions:-

          shall     assess   and    pay
          compensation        to    the

petitioners as per provisions

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of Section 10(d) of the Act of 1885, after verifying their right in respect of the land in question with the help of revenue authorities before they embark upon erecting towers and lay overhead electric transmission lines in their land.

2. If the petitioners feel dissatisfied with the decision of the respondents as to their entitlement/insufficiency of compensation, they are at liberty to approach the concerned District Judge under Section 16(3) & (4) of the Act of 1885 for redressal of their grievance.

3. After determination of their rights to get the compensation and payment of compensation by the respondents, petitioners shall not obstruct them from carrying out the work of erection of towers and laying overhead electric transmission lines.

Office to place copy of this order in each connected file".

4. Heard counsel for the parties and perused the record.

5. Since, the controversy involved in this writ petition is with

regard to erecting of electric poles through the fields of the

petitioners, has already been considered and decided by the Co-

ordinate Bench of this Court, therefore, I deem it just and proper

to dispose of this writ petition in view of the judgment passed by

the Co-ordinate Bench of this Court in the matter of Hawa Singh

(supra) with the following directions;

1. The respondents No.1 to 3 shall assess and pay compensation to the petitioners as per provisions of Section 10(d) of the Act of 1885, after verifying their right in respect of the land in question with the help of revenue authorities before they embark upon

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erecting towers and lay overhead electric transmission lines in their land.

2. If the petitioners feel dissatisfied with the decision of the respondents as to their entitlement/insufficiency of compensation, they are at liberty to approach the concerned District Judge under Section 16(3) & (4) of the Act of 1885 for redressal of their grievance.

3. After determination of their rights to get the compensation and payment of compensation by the respondents, petitioners shall not obstruct them from carrying out the work of erection of towers and laying overhead electric transmission lines.

(INDERJEET SINGH),J

CHETNA BEHRANI /58