Jharkhand High Court
Smt. Sudha Devi Saraf Wife Of Sri Sushil ... vs The State Of Jharkhand Through Deputy ... on 12 February, 2020
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3747 of 2015
Smt. Sudha Devi Saraf wife of Sri Sushil Saraf, resident of 86 Raja Basant Rai
Road, P.O and P.S.-Kolkata, PIN-700029, State West Bengal.
...... Petitioner
Versus
1. The State of Jharkhand through Deputy Commissioner, Jamtara, P.O., P.S.,
Town & District Jamatara.
2. The Power Grid Corporation (India) Limited having its office at A 360, Road
No. 4A, Ashok Nagar, P.O. & P.S. Argora, District-Ranchi, Jharkhand
3. The Senior Engineer, 132/33 Grid Sub-Station, Power Grid Corporation
(India) Ltd, P.O. P.S, Town & District: Jamtara
...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Sachin Kumar, Advocate
Mr. Ravi Prakash Mishra, Advocate
For the Resp. Nos. 2 & 3 : Mr. Brij Bihari Sinha, Advocate
8/Dated: 12/02/2020
1. Heard Mr. Ravi Prakash Mishra, learned counsel for the petitioner, Mr. Mr. Brij Bihari Sinha, learned counsel for the respondent nos. 2 & 3- [Power Grid Corporation (India) Limited].
2. Petitioner has preferred this writ petition for quashing/cancelling Notice dated 01.08.2015 issued by respondents-Power Grid Corporation whereby it has been informed that 132 KV over head Transmission line between Jamtara to Madhupur will cross from the land belonging to the petitioner.
3. Mr. Ravi Prakash Mishra, learned counsel for the petitioner submits that Power Grid Corporation has committed error in issuing notice dated 01.08.2015.. He further submits that this notice is in breach of law and right of the petitioner granted under Article 300(A) of the Constitution of India is infringed. He further submits that land measuring an area of 60.14 acres of lease- hold land of Mauza-Patharchopra and Udalbani were acquired vide L.A. Case No. 16 of 1974-75 by the order of the District Land Acquisition Officer, Dumka for industrial purpose after payment of due compensation to the original raiyats. 2 He further submits that the said land was transferred by the then State of Bihar through the Deputy Commissioner, Santhal Pargana in favour of the liquidation by a registered deed of lease for a period of 99 years duly registered in the office of the District Sub Registrar vide Deed No. 2704 of the year, 1976 dated 11.12.1976.
4. Learned counsel for the petitioner further submits that M/s Refractory Specialties (India) Limited was established over the aforesaid land in winding up of the order passed by the Hon'ble Patna High Court vide order dated 19.11.1999 and the company went up in liquidation. He further submits that after reorganization of the then State of Bihar, the State of Jharkhand came into existence and the said Company Petition No. 12 of 1998(P) was transferred to this Court. He further submits that the process of realization of the assets of the company in liquation started and this Court vide order dated 21.04.2005 directed the Official Liquidator to publish an advertisement for auction-sale of the assets, properties and the unexpired leasehold rights of the company in Liquidation in respect of lease-hold properties of the company with the entire structures standing therein including the immovable and moveable properties. He further submits that pursuant to direction of this Court, an advertisement was published in 'Hindustan Daily' and other Newspapers on 01.05.2005 inviting offers for immovable and moveable properties and all the assets of the M/s Refractory Specialties (India) Limited in liquidation were offered for sale at reserved price of Rs, 3 crore 20 lakhs. He further submits that the petitioner participated in the bid in pursuance of the sale notice published by the order of this Court and the petitioner was declared owner of the land passed by this Court in Company Petition No. 12 of 1998 (P).
5. Learned counsel for the petitioner further submits that notice dated 01.08.2015 has been issued by the Power Grid Corporation addressed to Sri 3 Amarnath Gutgutia informing that Jamtara to Madhurpur 132 KV Transmission line will cross from the plot of land belonging to the petitioner. It was also informed that the attempt will be made to cause minimum damage to the trees/crops, however, still some damage may be caused during erection of the transmission line. He further submits that now Power Grid Corporation is erecting the transmission line from the land of the petitioner, in view of the matter, the present writ petition has been filed.
6. Per contra, Mr. Brij Bihari Sinha, learned counsel for the respondent- Power Grid Corporation submits that there is no illegality in notice dated 01.08.2015 and it has rightly been informed that certain damage is caused, if people in question will be compensated. Referring to section 164 of the Indian Telegraph (Amendment) Act, 2003 he submits that the Ministry of Power, Government of India authorized the licensee to exercise all the powers vested in Telegraph Authority under Part III of the Indian Telegraph Act, 1885. He further submits that route transmission line is decided on the basis of walk over survey, preliminary survey and detail survey. The route of transmission line is finalized and approved by highly technical authority.
7. Learned counsel for the respondent-Power Grid Corporation has referred Section 51 of the Electricity Act read with Section 10 of the Telegraph Act and submits that the Power Grid Corporation has rightly proceeded in view of those sections. He further submits that even no notice is required for erecting electricity poles, towers and however the Power Grid Corporation has taken care of by way of notice to the effect that if any damage is made, aggrieved persons can be compensated. He further submits that towers required for electrification has already completed, line has been charged in the year, 2016 itself. He further submits that petitioner is not entitled for relief in view of the judgment of the Hon'ble Supreme Court in the case of "The Power Grid Corporation of India 4 Limited Vs. Century Textiles & Industries Limited & Ors." Passed in Civil Appeal No. 10951 of 2016 (Arising out of SLP (C) 34382 of 2010) . He refers para 20, 21, 26 of the said judgment which are quoted here-in-below:-
"20. It is not in dispute that in exercise of powers under the aforesaid provision, the appropriate Government has conferred the powers of telegraph authority vide Notification dated 24-12- 2003 exercisable under the Telegraph Act, 1885 upon the Power Grid. It may also be mentioned that a Central transmission utility (CTU) is a deemed licensee under the second proviso to Section 14 of the Electricity Act, 2003. Power Grid is a Central transmission utility and is, therefore, a deemed licensee under the Electricity Act, 2003. This coupled with the fact that Power Grid is treated as authority under the Telegraph Act, 1885, it acquires all such powers which are vested in a telegraph authority under the provisions of the Telegraph Act, 1885 including power to eliminate any obstruction in the laying down of power transmission lines. As per the provisions of the Telegraph Act, 1885, unobstructed access to lay down telegraph and/or electricity transmission lines is an imperative in the larger public interest. Electrification of villages all over the country and availability of telegraph lines are the most essential requirements for growth and development of any country, economy and the well- being/progress of the citizens. The legislature has not permitted any kind of impediment/obstruction in achieving this objective and through the scheme of the Telegraph Act, 1885 empowering the licensee to lay telegraph lines, applied the same, as it is, for laying down the electricity transmission lines. Powers of the telegraph authority conferred by Sections 10, 15 and 16 of the Telegraph Act, 1885, stand vested in and are 5 enjoyed by the Power Grid. These provisions are reproduced below:
"10. Power for telegraph authority to place and maintain telegraph lines and posts.--The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property:
Provided that--
(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained;(b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
15. Disputes between telegraph authority and local authority.-
(1) If any dispute arises between the telegraph 6 authority and a local authority in consequence of the local authority refusing the permission referred to in Section 10 clause (c), or prescribing any condition under Section 12, or in consequence of the telegraph authority omitting to comply with a requisition made under Section 13, or otherwise in respect of the exercise of the powers conferred by this Act, it shall be determined by such officer as the Central Government may appoint either generally or specially in this behalf.
(2) An appeal from the determination of the officer so appointed shall lie to the Central Government; and the order of the Central Government shall be final.
16. Exercise of powers conferred by Section 10, and disputes as to compensation, in case of property other than that of a local authority.--
(1) If the exercise of the powers mentioned in Section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them.
(2) If, after the making of an order under sub-section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal Code, 1860 (45 of 1860).
(3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section 10 clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose 7 jurisdiction the property is situate, be determined by him. (4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the court of the District Judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it. (5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall be final:
Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same..."
21. Section 10 of the Telegraph Act, 1885 empowers the telegraph authority to place and maintain a telegraph line under, over, along or across and posts in or upon any immovable property. The provision of Section 10(b) of the Telegraph Act, 1885 makes it abundantly clear that while acquiring the power to lay down telegraph lines, the Central Government does not acquire any right other than that of user in the property. Further, Section 10(d) of the Telegraph Act, 1885 obliges the telegraph authority to ensure that it causes as little damage as possible and that the telegraph authority shall 8 also be obliged to pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
26. These are sufficient reasons to allow Civil Appeal No. 10951 of 2016 preferred by the Power Grid by setting aside those directions. Ordered accordingly. We make it clear that if the writ petitioner feels that it is entitled to any compensation, the appropriate course of action is to file a suit before the District Judge concerned for this purpose. It would also be apt to point out at this stage that the Central Government has framed guidelines dated 15-10-2015 in this behalf which inter alia provide that the issue of compensation may be resolved having regard to the mode and manner of assessment of compensation as per the said guidelines. Therefore, it would always be open to the writ petitioner to avail the remedy as per the said guidelines."
8. In view of the above facts and considering the rival submission of the learned counsel for the parties and judgment of Hon'ble Supreme Court in case of "Power Grid Corporation" (Supra), this Court came to a finding that there is no illegality and no relief can be extended to this petitioner. Accordingly, this writ petition is dismissed. However, if the writ petitioner feels that he is entitled to any compensation, the appropriate course of action is to file a suit before the concerned District for this purpose. It is not out of place to mention here that the Central Government has already framed guidelines in this regard and if so advised, petitioner can avail remedy under the said guidelines by approaching the appropriate authority.
(Sanjay Kumar Dwivedi, J.) Satyarthi/