Allahabad High Court
Bijendra Kumar vs State Of U.P. And 4 Others on 18 July, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:143040-DB Court No. - 40 Case :- WRIT - C No. - 21833 of 2023 Petitioner :- Bijendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ganga Dhar Shukla Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Kartikeya Saran,Krishna Agarawal Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Sri Ganga Dhar Shukla, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1, Sri Krishna Agarawal, learned counsel for the respondent no.2, Sri Kartikeya Saran, learned counsel for the respondent no. 3 and Sri Abhishek Srivastava, learned counsel for the respondent nos. 4 and 5.
2. Present writ petition is preferred with request to issue a writ, order or direction in the nature of mandamus directing the respondents to remove the electricity line of 33/11 K.V. feeder from the house/abadi of the petitioner situated in village Sadhopur, Post Dhoom Manikpur, Pargana and Tehsil Dadri, District Gautam Budh Nagar.
3. Petitioner claims to be owner of a house built in khasra no. 118 kha and 115 kha old no. 169 and 167 situated at village Sadhopur, Post Dhoom Manikpur, Pargana and Tehsil Dadri, District Gautam Budh Nagar and just above the house of the petitioner, three electricity lines, one of 33000 Volt and two are of 11000 Volt are existed. In order to shift the same, the petitioner moved an application dated 07.06.2021, on which the respondent no.4 directed the Chief Engineer, Paschimanchal Vidyut Vitran Nigam Ltd., Noida to take necessary action on the petitioner's application, but no action has been taken by the respondent authorities till date.
4. The claim of the petitioner has been opposed by learned counsel for the respondents.
5. In Deva Raj Vs. U.P. State Electricity Board, Lucknow & Ors., AIR 1977 Allahabad 452, a Division Bench of this Court had examined the provisions of Section 51 of the Indian Electricity Act, 1910, which is similar to the provisions of Section 164 of the Electricity Act, 2003 and observed that in view of the notification issued by the State Government under Section 51 of the 1910 Act read with Section 10 of the Telegraphs Act, the respondents have the power to instal the towers on the land owned by a person.
6. Similarly the Madras High Court, in E. Venkatesan & Ors. Vs. Chairman, Tamil Nadu Electricity Board, Madras & Ors., AIR 1977 Madras 64 while dealing with the powers under Section 51 of the Act of 1910, also observed :-
"From the above settled position of law, it is clear that when the Electricity Board exercises power under Section 51 of the Electricity Act read with Section 10 of the Telegraphs Act, they are not acquiring any land. They are only making use of the land for the purpose of laying electricity lines for which full compensation is given for the damage caused. It is also clear therefrom that no notice is required to the owner before laying the poles or constructing any tower, nor any consent is required from them."
7. This Court, in Writ C No.29995 of 2016 (Pooran Singh and 30 others vs. State of UP and 3 ors) decided on 5.7.2016, has observed that the construction of transmission power service lines cannot be stopped for want of payment of compensation. However, an appropriate direction can be issued to the competent authority for determining the compensation in accordance with law and pay the same to the tenure holders over whose land the towers are being erected.
8. We accordingly dispose of this petition, with liberty to the petitioners to move an appropriate application before the concerned District Magistrate with regard to their claim alongwith certified copy of this order and other supported materials, whereupon the District Magistrate shall pass appropriate orders on the claim of the petitioners in accordance with law within three months from the date of production of a certified copy of this order.
Order Date :- 18.7.2023 Noman