M/S Power Grid Corporation vs The State Of Karnataka on 11 May, 2017

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Karnataka High Court

M/S Power Grid Corporation vs The State Of Karnataka on 11 May, 2017

Bench: P.S. Dinesh Kumar

                             -1-




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 11TH DAY OF MAY 2017

                          BEFORE

     THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR


       WRIT PETITION NO.21357 OF 2017 (GM-RES)

Between:

M/s Power Grid Corporation
Of India Limited,
(A Government of India Enterprise),
Yelahanka 400 (GIS)/220 kV (AIS)
Construction Area Office,
Near RTO Driving Test Track,
Singanayakanahalli (P.O.),
Off Yelahanka - Doddaballapur Road,
Yelahanka Hobli,
Bengaluru-560 064.
Represented by its Dy. General Manager,
Mr. C.D. Kishore.
                                           ...Petitioner

(By Sri. Joshua Hudson Samuel, Advocate)

And:

1.     The State of Karnataka,
       Represented by its
       Chief Secretary,
       Vidhana Soudha,
       Bengaluru-560 001.

2.     Home Department,
       Represented by its Additional
                                -2-




      Chief Secretary,
      Room No.222, II Floor,
      Vidhana Soudha,
      Ambedkar Veedhi,
      Bengaluru-560 001.

3.    Director General and Inspector
      General of Police,
      Government of Karnataka,
      Nrupatunga Road,
      Bengaluru-560 001.
                                               ... Respondents
(By Sri. R.B. Satyanarayana Singh, AGA)


      This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to direct the respondents to
provide all necessary assistance/protection and support to
the petitioner and its executing agencies in completing the
project as Order dated 21.11.2013 passed by this Hon'ble
Court in W.P.No.18110-18111/2013 vide Annexure-E.

      This writ petition coming on for preliminary hearing
this day, the court made the following:


                         ORDER

With the consent of learned counsel appearing for the petitioner and learned AGA, the matter is taken up for final disposal.

2. Sri. Joshua Hudson Samuel, learned counsel appearing for the petitioner submitted that the petitioner's project is being hampered by illegal interference by the -3- owners of the land. The petitioner has deposited Rupees Nine Crores as compensation in the Court. He further submitted that the issue with regard to payment of compensation is to be agitated before the learned District Judge as held by the Hon'ble Supreme Court in Civil Appeal No.10951/2016, The Power Grid Corporation of India Limited Vs. Century Textiles & Industries Limited & Ors. Drawing attention to paragraphs No.25 and 26 thereof, it is submitted that as far as the petitioner-Corporation is concerned, it has already deposited the amount with the Learned District Judge. This being a National Project, the same has to be completed on a time bound basis. For the said purpose, the petitioner-Corporation requires the assistance of the Police, which is not provided by the respondents. Hence, petitioner prays that suitable directions be issued to respondents to provide necessary direction.

3. Learned Additional Government Advocate fairly submits that if a request is so made, the Police shall provide necessary protection for completion of the project.

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4. In view of the above, this petition is disposed of with a direction to the respondents and particularly to respondent No.3 to provide necessary protection to the petitioner-Corporation as and when requested to complete the project expeditiously.

5. With the above directions, petition is disposed of.

No costs.

SD/-

JUDGE BMC/-

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