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Supreme Court - Daily Orders

T. Bhuvaneswari vs The District Collector-Cum- District ... on 11 July, 2016

Bench: A.K. Sikri, N.V. Ramana

     ITEM NO.16                                   COURT NO.12                       SECTION XII

                                    S U P R E M E C O U R T O F                I N D I A
                                            RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)......
                                                 CC No. 6703/2016

     (Arising out of impugned final judgment and order dated 01/04/2015
     in WA No. 1015/2014 passed by the High Court Of Madras)

     T. BHUVANESWARI                                                                Petitioner(s)

                                                            VERSUS

     THE DISTRICT COLLECTOR-CUM-
     DISTRICT MAGISTRATE & ORS.                                                     Respondent(s)

     (With appln(s) for c/delay in filing SLP)

     Date : 11/07/2016 This matter was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE A.K. SIKRI
                           HON'BLE MR. JUSTICE N.V. RAMANA

     For Petitioner(s)                     Mr. S. Gowthaman, Adv.

     For Respondent(s)                     Mr.   S. B. Upadhyay, Sr. Adv.
                                           Mr.   Pawan Upadhyay, Adv.
                                           Mr.   K. P. Pathak, Adv.
                                           Mr.   Saranjeet P. Singh, Adv.
                                           Mr.   V. Kalyanaraman, Adv.
                                           Mr.   Anindam Dey, Adv.

                            UPON hearing the counsel the Court made the following
                                               O R D E R

Delay condoned.

After hearing learned counsel appearing for the parties, we do not find any reason to interfere with the impugned order. No doubt, transmission lines which are Signature Not Verifiederected passed above the land of the petitioner herein. Digitally signed by NIDHI AHUJA Date: 2016.07.12 09:48:43 IST Reason: However, learned counsel for the respondent has made a statement at the Bar that these are, on both sides, at the 1 SLP CC No. 6703/2016 pillars which are of the height of 97 meters from the ground level.

We also find that the learned Single Judge had passed order for grant of compensation which is to be decided by the District Judge. Before the District Judge, it would be open to the petitioner to establish his case that after the laying of said transmission lines, it is not possible for him to use his land and if that is found to be correct, District Judge will be at liberty to grant due compensation which may be the value/ market price of the land itself. District Judge will complete the inquiry within six months from today.

The special leave petition stands disposed of.

         (Nidhi Ahuja)                    (Tapan Kr. Chakraborty)
         Court Master                          Court Master




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