Allahabad High Court
Kailash Nath Yadav vs State Of U.P. And 2 Others on 23 March, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 6934 of 2023 Petitioner :- Kailash Nath Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhruv Mishra,Ashwaini Mishra Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner; learned Standing Counsel and Shri Pankaj Kumar Shukla, learned counsel for the respondents.
Present writ petition has been preferred for a direction to respondents not to install the pillars ad wires on the land of the petitioner without his consent and for a further direction to respondents to disburse compensation to the petitioner against his land as well as damages of the crops.
It is contended that the petitioner is the owner of Araji No.48 area 0.340 hect. and doing agriculture work. Without adopting prescribed procedure, the respondents are installing the electric pole for high tension electric supply in mid of the entire land of the petitioner. As such, it is contended that this Court may come for rescue and reprieve of the petitioner.
On the other hand, the claim of the petitioner is being opposed by learned counsel for the respondents.
In Deva Raj Vs. U.P. State Electricity Board, Lucknow & Ors., AIR 1977 Allahabad 452, a Division Bench of this Court had examined the provisions of Section 51 of the Indian Electricity Act, 1910, which is similar to the provisions of Section 164 of the Electricity Act, 2003 and observed that in view of the notification issued by the State Government under Section 51 of the 1910 Act read with Section 10 of the Telegraphs Act, the respondents have the power to install the towers on the land owned by a person.
Similarly the Madras High Court, in E. Venkatesan & Ors. Vs. Chairman, Tamil Nadu Electricity Board, Madras & Ors., AIR 1977 Madras 64 while dealing with the powers under Section 51 of the Act of 1910, also observed :-
"From the above settled position of law, it is clear that when the Electricity Board exercises power under Section 51 of the Electricity Act read with Section 10 of the Telegraphs Act, they are not acquiring any land. They are only making use of the land for the purpose of laying electricity lines for which full compensation is given for the damage caused. It is also clear therefrom that no notice is required to the owner before laying the poles or constructing any tower, nor any consent is required from them."
This Court, in Writ C No.29995 of 2016 (Pooran Singh and 30 others vs. State of UP and 3 ors) decided on 5.7.2016, has observed that the construction of transmission power service lines cannot be stopped for want of payment of compensation. However, an appropriate direction can be issued to the competent authority for determining the compensation in accordance with law and pay the same to the tenure holders over whose land the towers are being erected.
We accordingly dispose of this petition, with liberty to the petitioner to move an appropriate application before the concerned District Magistrate with regard to his claim alongwith certified copy of this order and other supported materials, whereupon the District Magistrate shall pass appropriate orders on the claim of the petitioner in accordance with law within three months from the date of production of a certified copy of this order.
Order Date :- 23.3.2023 SP/