Dismissed¶30

Ramchandra Laxman Jagdale v. Wrsr Power Transmission Ltd. Throu. Sanjivkumar Singh and Ors.

Bombay HC17 Jul 2025WP/7370/2025

Case brief

AI extract

What is this about?

Writ Petition No.7370 of 2025, Bombay High Court, 7 August 2025; 765 KV Electricity Transmission Tower compensation; panchnama and fresh survey; Agricultural Officer; Talati; Sub-Divisional Magistrate Phaltan; SDMO; crop compensation; fruit trees; G.R. No.2021/170/Energy4 dated 1 December 2022; Department of Industry, Energy and Labour Maharashtra; WRSR Power Transmission Ltd.; quantum of compensation left open; dismissal; no hindrance to construction.

What did the court decide?

On the facts gathered from the Petition and the Reply of Respondent No.1 - the compensation for the crops having been determined and payable to the Petitioner, and the valuation of the land as demarcated under the panchnama being in progress - there is no requirement to entertain the Writ Petition. ¶29

Ramchandra Laxman Jagdale vs Wrsr Power Transmission Ltd. Throu. Sanjivkumar Singh and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶30

Issue for consideration

Whether the Writ Petition filed to quash and set aside the Notice / Amended Table of compensation dated 12 December 2024 issued by Respondent No.1, and to direct compliance with the G.R. dated 1 December 2022 including calculation and intimation of fruit-tree compensation, ought to be entertained. +1 more

¶12

Court's answer

¶29

Ratio / Principle

Since Respondent No.1 stated it will pay the amount immediately once the valuation is done, there is no reason to entertain the Writ Petition; the Writ Petition is dismissed, with liberty to any aggrieved party to take such steps as entitled in law against the quantum of compensation awarded.

¶30

Key takeaways

Following dismissal, Respondent No.1 is free to carry out and complete the construction of the Transmission Tower, and the Petitioner shall ensure no hindrance is caused to the said construction.ratio¶34

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction) dismissed a writ petition by a farmer, owner of survey Nos.717-720, challenging the Notice / Amended Table of compensation dated 12.12.2024 issued by WRSR Power Transmission Ltd. (Respondent No.1) for a 765 KV Electricity Transmission Tower on his agricultural land, and seeking enforcement of Maharashtra G.R. No.2021/170/Energy4 dated 01.12.2022 for fruit-tree compensation. Pursuant to the Court's order dated 07.04.2025, a fresh panchnama/survey with photographs was carried out on 08.04.2025 (Petitioner absent despite notice); the panchnama was submitted on 11.04.2025 to the Sub-Divisional Magistrate, Phaltan for valuation per the G.R., and on 05.06.2025 the SDMO's office directed payment of crop compensation. Crop compensation stood determined and land valuation was in progress; Respondent No.1 undertook to pay immediately upon valuation. The Court therefore found no reason to entertain the petition and dismissed it, leaving parties free to contest the quantum in law, permitting Respondent No.1 to complete construction without hindrance from the Petitioner.

¶1

2 WP7370-25.doc

¶2

Digitally signed by TRUSHA TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2025.08.11 14:42:23 +0530

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO.7370 OF 2025

¶5

Ramchandra Laxman Jagdale .. Petitioner

¶6

Versus

¶7

WRSR Power Transmission Ltd. & Ors. .. Respondents

¶8

Mr.Harsh Dedhia a/w Mr.Aayush Yadav, Advocate for the Petitioner. Ms.Kavisha Shah a/w Ms.Shweta More, Advocate for the Respondent No.1.

¶9

Ms.S.D.Vyas, Addl.G.P. a/w Ms.P.J.Gavhane, A.G.P. for Respondent/State

¶10

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: AUGUST 7, 2025

¶11

P. C.

¶12

The above Writ Petition is filed to quash and set aside the Notice / Amended Table of compensation dated 12^th December 2024 issued by Respondent No.1. Further, a relief is sought against Respondent No.3 directing him to comply with the G.R. issued by the Department of Industry, Energy and Labour, Maharashtra Government bearing No.2021/170/Energy4 dated 1^st December 2022. The other relief sought is to direct Respondent

¶13

Page 1 of 5 AUGUST 7, 2025

¶14

Mohite

¶15

2 WP7370-25.doc

¶16

No.3 to calculate and intimate the compensation of fruit trees which will be damaged on the plot of the Petitioner in accordance with the provisions of the G.R. dated 1^st December 2022 referred to above.

¶17

It is the case of the Petitioner that he is the owner of agricultural plots bearing survey Nos.717, 718, 719 and 720 admeasuring approx. 0.4o Hectare. According to the Petitioner, he is a farmer and the said land is under cultivation.

¶18

It appears that Respondent No.1 has been given a work order of erecting a 765 KV Electricity Transmission Tower which is to be situated on the land of the Petitioner. The Petitioner came to know that the said electricity lines are passing through his lands in December 2024. Accordingly, on 30^th December 2024, the Petitioner made a request to relocate the Transmission Tower. That was not acceded to as the same was not possible.

¶19

Be that as it may, a panchnama was carried out on the land of the Petitioner on 13^th March 2024 for the purpose erecting the Transmission Tower. The Petitioner was not present at that time. The Petitioner thereafter, filed the present Writ Petition.

¶20

Mohite

¶21

Page 2 of 5 AUGUST 7, 2025

¶22

2 WP7370-25.doc

¶23

In this Petition, an order was passed on 7^th April 2025 wherein it was directed that a fresh panchnama be drawn undertaking a proper survey of the land alongwith photographs of the trees which are standing on the said land. Any other structure, building etc. existing on the land should also form part of the panchnama, was the order passed by this Court.

¶24

Accordingly, in compliance of the said order, on 7^th April 2025 itself, Respondent No.2 addressed a letter interalia calling upon all concerned persons, including the Petitioner, to remain present at the concerned site, namely, the Petitioners land, on 8^th April 2025 at 4 p.m. Despite this, the Petitioner refused to remain present on 8^th April 2025. Accordingly, the representatives of the Respondent No.1, the Agricultural Officer, and the Talati were present on the site for the purpose of the survey. On 8^th April 2025 at 4 p.m., a fresh survey was carried out on the land of the Petitioner as well as the crops standing thereon and a panchnama was drawn. After this panchnama, on 11^th April 2025, Respondent No.1 submitted the same to the Sub-Divisional Magistrate, Phaltan for carrying out the valuation of the land as demarcated under the panchnama for all the locations in the Palthan Tehsil in accordance with the G.R. dated 1^st December 2022. In fact, on 5^th June 2025, the Office of the SDMO, issued a letter directing payment of the

¶25

Page 3 of 5 AUGUST 7, 2025

¶26

Mohite

¶27

2 WP7370-25.doc

¶28

crop compensation payable to the Petitioner on the basis of the panchnama/survey carried out by the Agricultural Officer and the calculation submitted by him to the Office of Respondent No.2.

¶29

When one looks at all these facts, which we have gathered from the Petition and also from the Reply filed on behalf of Respondent No.1, we find that there is no requirement to entertain the above Writ Petition. From the Reply filed by Respondent No.1, we find that not only is the compensation for the crops been determined and which would have to be paid to the Petitioner but even the valuation of the land as demarcated under the panchnama is in progress.

¶30

The learned Advocate appearing on behalf of Respondent No.1 has in fact stated that once this valuation is done, and they are called upon to pay the amount, they will do so immediately. Once this is the case, we find that there is no reason to entertain the Writ Petition. The Writ Petition is accordingly dismissed. We however, make it clear that in the event any of the parties are aggrieved by the quantum of the compensation awarded, they are free to take such steps as they are entitled into in law.

¶31

Page 4 of 5 AUGUST 7, 2025

¶32

Mohite

¶33

2 WP7370-25.doc

¶34

Now that the Writ Petition is dismissed, Respondent No.1 is free to carry out and complete the construction of the Transmission Tower. The Petitioner shall make sure that he shall not cause any hindrance to the said construction.

¶35

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

¶36

[FIRDOSH P. POONIWALLA, J.]

¶37

Page 5 of 5 AUGUST 7, 2025

¶38

Mohite

Ramchandra Laxman Jagdale v. Wrsr Power Transmission Ltd. Throu. Sanjivkumar Singh and Ors.

Case brief

What is this about?

What did the court decide?

Ramchandra Laxman Jagdale v. Wrsr Power Transmission Ltd. Throu. Sanjivkumar Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pr Commissioner of Income Tax Central 4 vs Excel Press Pvt. Ltd.

Pr Commissioner of Income Tax Cental 4 vs Pankaj Aluminium Industries Pvt. Ltd.

P Lalit and Co. vs Union of India

Hashmat Ali Riyasat Ali Shaikh vs Slum Rehabilitation Authority

Shirol Taluka Purgrasta Sanghtna through Its President Shri.Pandurang Bhavo Gaikwad vs State of Maharashtra

Latif Poultry Farm a Partnership Mr Ayaz Ahamad Abdul Latif Mulla vs State of Maharashtra