Citation : 2021 Latest Caselaw 4648 UK
Judgement Date : 18 November, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 18TH DAY OF NOVEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 2383 of 2021
BETWEEN:
M/s Pra Computer Forms (P) Ltd. .....Petitioner
(By Mr. T.A. Khan, Senior Advocate, assisted by
Ms. Divya Jaiswal, Advocate, holding brief of Mr. Vinay
Bhatt, Advocate)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. Vinod Nautiyal, Deputy Advocate General for the
State of Uttarakhand)
JUDGMENT
Petitioner was having a paper printing unit next to Rampur-Kathgodam Highway. Petitioner's land and building was acquired by National Highways Authority of India for expansion of the said highway. Now petitioner has set-up his unit in Village Tejpur Negi, Tehsil Lalkuan, District Nainital. Petitioner has applied for electricity connection in which he has deposited a requisite fee of `7,55,500/- on 21.01.2021.
2. Since electricity connection is not being given to the petitioner, therefore, he has approached this Court.
3. Learned Senior Counsel appearing for the petitioner submits that since a new electricity line has to be set-up for giving connection to the petitioner and due to opposition by the villagers, Uttarakhand Power Corporation Ltd. is not taking any steps for setting-up of electricity line in the area, therefore, the matter is being unnecessary delayed and petitioner is not able to commence work in his unit. He further submits that the electricity line can be easily set-up on the side of the road, which is revenue land, therefore, the District Magistrate be directed to look into the matter and take appropriate decision. He further submits that petitioner may be permitted to make representation to District Magistrate.
4. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Nainital, within ten days' from today. If petitioner makes such representation, the District Magistrate shall look into the matter and pass appropriate order, in accordance with law within one month thereafter, after inviting comments from Forest and Revenue Authorities.
(MANOJ KUMAR TIWARI, J.) Navin
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