Bombay High Court
M/S. Harihar Buildspace Pvt. Ltd. ... vs Union Of India, Through Chief ... on 3 August, 2020
Bench: S.B. Shukre, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.7489 OF 2019
(M/s. Harihar Buildspace Private Ltd. Vs.Union of India and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri P. N. Kothari, Advocate for the petitioner.
Shri Ulhas Aurangabadkar, ASGI for respondent No.1/Union.
Shri D. P. Thakre, Addl. G.P. for respondent No.2.
CORAM : SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.
DATE : 03rd AUGUST, 2020.
Heard Shri Kothari, learned counsel for the petitioner. Nobody is present for respondent No.3, nor any reply has been filed by respondent no.3 to this petition, although respondent no.3 is duly served and is also duly represented by its learned counsel.
2. The principal issue involved in this petition is of nonpayment of compensation to the petitioner in spite of use of the land of the petitioner bearing field survey no.68 for erection and commissioning of 132 KV Khapri-Buttibori Trasmission line, which was completed during the period from 13.09.2010 to 27.09.2010.
3. From the documents filed on record, it is seen that it were the respondent No.3-Transmission ::: Uploaded on - 04/08/2020 ::: Downloaded on - 05/08/2020 23:03:34 ::: 35-wp-7489-2019.odt 2/5 Company which had filed an application under Section 16(1) of the Indian Telegraph Act, 1885 before the competent authority, the District Magistrate, Nagpur praying for grant of permission to respondent No.3 to carry out the work of transmission line and continue to exercise the powers as Telegraph Authority in executing the said work insofar as the work was required to be carried out in field Survey No.68 belonging to the petitioner.
4. It is further seen from the record that this application filed by respondent No.3 was allowed by the District Magistrate on 20.05.2010. This application was registered as Case No.5/MRC-81/2010, in which the petitioner was one of the non-applicants. In that case, the petitioner had also sought for payment of compensation and this prayer of the petitioner was answered affirmatively by the learned District Magistrate. The District Magistrate by order passed on 20.05.2010 not only granted permission to the respondent No.3 to exercise its powers as a Telegraph Authority and carry out the work of 132 KV Khapri- Buttibori Transmission Line through Survey No.68, the respondent No.3 was also directed to pay compensation to the petitioner, M/s. Harihar Buildspace Private Ltd. in accordance with law, within a period of one month from ::: Uploaded on - 04/08/2020 ::: Downloaded on - 05/08/2020 23:03:34 ::: 35-wp-7489-2019.odt 3/5 the date of completion of the work.
5. The respondent No.3, however, did not comply with the direction of the District Magistrate to pay compensation to the petitioner and as an open affront to law, the respondent No.3 displayed rare courage of even acting as an appellate authority over the District Magistrate when the respondent No.3 sent communication to the petitioner. The relevant portion of the communication dated 31.05.2019 is reproduced as follows:
"Dear Sir, In connection to above, your application under RTI Act 2005 received to this office on Dt:04.05.19 & as per the reporting from Addl. EE EHV Lines Project S/Dn, Nagpur vide letter under ref(2) & available official record, the foundation work of the tower in the field survey No.68 in r/o 132 kV Khapri Butibori TL completed during the period 13.09.10 to 27.09.10. Therefore the land compensation towards the towers in survey No.68 cannot be given."
6. The respondent No.3 has thus clearly committed serious breach of the mandate of law and is also prima facie responsible for misconduct in the nature of dereliction of duty. In addition to this, respondent No.3 has turned completely silent in the present matter, as if the respondent no.3 has got nothing to do with this petition or the High Court or the Law and now it appears to us that prima facie the ::: Uploaded on - 04/08/2020 ::: Downloaded on - 05/08/2020 23:03:34 ::: 35-wp-7489-2019.odt 4/5 respondent No.3 is acting as somebody superior to every Legal Authority. In these circumstances, we issue the following directions:
i) Issue show cause notice to the respondent No.3 as to why action be not taken against him for showing disrespect to Lawful Authority of the District Magistrate, Nagpur and thus for showing disrespect to Law.
ii) The respondent no.3 is directed to remain personally present before this Court and as we see from the impugned order, it should be Mr. Anil G. Patil, Public Information Officer/Executive Engineer, EHV Projects Division-1, MSETCL, Nagpur, who shall remain present personally before this Court on next date, taking all precautions, failing which, this Court shall issue warrant of arrest against Mr. Anil. G. Patil.
iii) The respondent No.3, in the meantime, is at liberty to make immediate compliance with the direction given by the District Magistrate in his common judgment dated 20.05.2010, delivered in Case No.04 and 05/MRC-81/2010 as regards payment of compensation to the affected land owners.::: Uploaded on - 04/08/2020 ::: Downloaded on - 05/08/2020 23:03:34 :::
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iv) If compensation is not paid even now, this Court may also consider issuance of direction to recover whatever loss that may be caused to the company because of the delay in paying compensation to the petitioner, from the salary of the Officer found to be responsible for the same.
v) If liberty to pay compensation is exercised, the amount shall include appropriate interest @ not less than 12 % per annum or as is permissible under the law, whichever is higher, from the date it is due and payable till the date of actual payment.
7. Stand over to 17.08.2020.
JUDGE JUDGE
nd.thawre
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