Rajasthan High Court - Jaipur
Badri Narayan vs Power Grid Corp India Ltd &Anr; on 27 October, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.2429/2016
Badri Narayan son of Shri Sheo Ram, by caste Jat r/o Tan
village Kanchanpur, Tehsil Sri Madhopur, District Sikar.
PETITIONER
Versus
1. Power Grid Corporation of India Ltd. Through General
Manager, Northern Region First, B 4/184, Chitrakoot
Scheme, Jaipur.
2. Assistant Engineer, Public Works Department, Sub-
Division, Srimadhopur, Sikar.
RESPONDENTS
DATE OF ORDER : : 27th October, 2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
*******
Shri Nikhil Sharma for the petitioner.
## This petition has been filed by the petitioner inter alia with the prayer that the respondents be directed to make payment of compensation in the sum of Rs.20,00,000 to him with interest.
Learned counsel for the petitioner has argued that the respondent-Corporation is a Government of India undertaking and, therefore, is a State in the meaning of Article 12 of the Constitution. Petitioner is a khatedar tenant of ½ share of land bearing khasra no.929 situated 2 at Village Kanchanpur, Tehsil Srimadhopur, District Sikar. He has constructed his house in the said land and is residing there. He is also cultivating the land to earn his livelihood. The respondents installed 765 KV high tension line from Jaipur to Bhiwadi and installed two towers nos.101/1 and 102/0 in the said land. One tower was installed on the residential house and therefore it become difficult and risky to reside in the house and the other tower was installed on the agriculture field, due to which the crop got spoiled. Petitioner claimed the compensation for loss to crop and residential house. It is submitted that the Assistant Engineer, PWD, Sub-division, Srimadhopur vide letter dated 6.4.2015 informed the respondent-Power Grid Corporation of India Ltd. that loss of house of the petitioner was assessed at Rs.8,31,516, but even then compensation has not been paid to him. The house of the petitioner is now become unusable for residence. Petitioner sent a legal notice to the respondents, but no response has been given.
Having regard to the facts aforesaid, petitioner is required to approach the respondent no.1-General Manager, Power Grid Corporation of India Ltd., who is directed to examine his claim and consider paying him 3 compensation keeping in view the assessment made by the Assistant Engineer, PWD or otherwise give reasons for not doing so and convey him the decision within three months from the date of production of copy of this order. If the petitioner is still dissatisfied with the quantum of compensation determined by the respondents, it would be open to him to institute a civil suit for damages / compensation in accordance with law. The petition is disposed off accordingly.
(Mohammad Rafiq),J.
RS/70