Rajasthan High Court - Jodhpur
Ali Sher Khan And Ors vs State And Ors on 3 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12928/2013
1. Ali Sher Khan S/o Shri Mamdu Khan, Aged about 65 years,
B/c Pathan, R/o Pathano Ki Pole, Deedwana, Tehsil Deedwana,
District Nagaur.
2. Ghamshyam Modi S/o Madan Lal, Aged about 68 years, R/o
Inside Nagori Gate, Tehsil Deedwana, District Nagaur.
3. Trilok Ram S/o Padma Ram, Aged about 65 years, R/o
Harnarayan Bas, Tehsil Deedwana, District Nagaur.
----Petitioner
Versus
1. State of Rajasthan through Secretary, Energy Department,
Government of Rajasthan, Jaipur.
2. Rajasthan Rajya Vidyut Prasaran Nigam Limited through its
Chief Engineer, T & C, Jaipur, Rajasthan.
3. Executive Engineer (C & M), 400 KV GSS Rajasthan Rajya
Vidyut Prasaran Nigam Limited, Merta City, District Nagaur.
4. District Collector, Nagaur
5. Assistant Engineer, Ajmer Vidyut Prasaran Nigam Limited,
Tehsil Deedwana, District Nagaur.
----Respondent
For Petitioner(s) : Mr. Vikram Singh for
Mr. Tarun Joshi.
For Respondent(s) : Mr. Dhanesh Saraswat
Mr. Vipul Dharnia
Mr. S.R. Paliwal
Mr. Anil Bachhawat.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/01/2023
Heard learned counsel for the parties.
The present writ petition has been filed with the following
prayers:-
(2 of 4) [CW-12928/2013]
"(i) By an appropriate writ, direction or order, the
respondents may be directed not to interfere in the
peaceful possession and enjoyment of the petitioner
in relation to his agricultural holding.
(ii) By an appropriate writ, direction or order, the
respondents may be directed not to illegally enter
into the agricultural holding of the petitioner and set
up electricity poles for setting up transmission lines
through agricultural holding of the petitioner.
(iii) By an appropriate writ, direction or order, the
respondents may further be directed not to deprive
the petitioners of their legitimate right to use their
agricultural holding in the manner they line and if for
any reason, the land is required for any public
purpose, then respondents may be direction to take
recourse to compulsory acquisition of land in
accordance with law."
The petitioners are having agricultural holdings in Village
Deedwana, District Nagaur. For setting up the GSS and
transmission line, the respondent No.2 used the land of the
petitioners. Aggrieved of the laying down of transmission line of
the high tension wire, the petitioners preferred this writ petition
on the ground that without the authority of law and without
seeking any consent of the petitioners, the towers for passing of
the high tension line over the field of the petitioners are being
constructed and erected and, therefore, a prayer has been made
that the respondents may be stopped from utilizing the land for
the purpose of erection of the transmission line over the land of
the petitioners.
A reply has been filed by the respondents and it has been
stated that the State Government in exercise of powers under
Section 163 of the Electricity Act, 2003 and under the Indian
(3 of 4) [CW-12928/2013]
Telegraph Act, 1885, has conferred powers upon the Chief
Engineer of RRVPNL (State Transmission Utility) for the purpose of
placing the electrical lines or plants for transmission of electricity
or for the purposes of telephonic/telegraphic communication
necessary for proper co-ordination of works, subject to the
conditions and restrictions vide Notification dated 28.02.2004
published in Rajasthan Gazette dated 08.03.2004. In furtherance
of such Notification, the erection/construction of 132 KV D/C
interconnection from proposed 400 KV GSS Deedwana to 132 KV
GSS Deedwana for supply of electricity passing within the
boundary of ten revenue villages is being undertaken.
Learned counsel for the respondents submit that the work of
the transmission line has already been completed and the same is
in operation even today.
Learned counsel for the respondents have relied upon a
judgment of this Court in S.B. Civil Writ Petition
No.11973/2008 "Smt. Nanchi Devi & Ors. Vs. State,
RRVPNL, Jaipur & Ors." decided on 18.03.2009 and submit that
the work of the laying down of transmission of electric line in
question for supply of electricity to the villagers of the State
cannot be stopped. Learned counsel, therefore, pray that the writ
petition may be dismissed.
I have considered the submission made at the Bar and have
gone through the relevant record of the case.
The position of law on the laying down of
transmission/telephonic/telegraphic lines is very well settled and
the Electricity Act of 2003 and the Indian Telegraph Act read with
Notification dated 28.02.2004 clearly provide for the erection of
transmission lines in the State of Rajasthan and, therefore, the
(4 of 4) [CW-12928/2013]
action of the respondents for erection of such transmission line in
the present case cannot be faulted with. The view taken by this
Court is also supported by a judgment of this Court in the case of
Smt. Nanchi Devi (supra). Since the land of the petitioners has
been utilized for the purpose of erection of the towers of the
transmission lines passing over it, this Court feels that the
petitioners are entitled to the compensation for the use of their
land by the respondents.
The writ petition is, therefore, dismissed with liberty to the
petitioners to raise the claims for the purpose of compensation to
be awarded on account of their land having been used for the
erection and utilization of the passing through of the transmission
lines over the land as per law.
Stay petition as well as other pending applications, if any,
stand disposed of.
(VINIT KUMAR MATHUR),J
151-/Vivek/-
Powered by TCPDF (www.tcpdf.org)
