M.Thamizhazhagan, v. The Chief Manager
Case brief
What is this about?
The Court upheld the District Collector's order permitting the erection of transmission towers but set aside the vague compensation portion. The petitioner was allowed to submit a claim statement for compensation determination based on Government Guidelines of 15.10.2015, with a strict timeline for adjudication.
What did the court decide?
Petitioner allowed to submit claim statement for compensation within one week; District Collector directed to determine compensation within 4 weeks; scheduled compensation paid by respondents within 2
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:14.06.2016
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
W.P. No. 11496 of 2016 & W.M.P. No. 9934 of 2016
M. Thamizhazhagan ..Petitioner
Vs.
1. The Chief Manager,
Power Grid Corporation of India,
K.R. Thoppur, Salem.
2. Power Grid NM Transmission Ltd.,
rep. by its Manager,
Konakapadi Post,
K.R. Thoppur, Salem – 636 502.
3. The Chairman,
Tamil Nadu Electricity Board,
Anna Salai, Chennai – 600 002.
4. The District Collector,
Office of the Collectorate,
Salem District, Salem.
5. The Superintending Engineer,
Tamil Nadu Electricity Board,
Udayapatti, Salem District, Salem. ..Respondents
Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records connected to the issue of the order No. Na.Ka.32484/2015/B1 dated 03.03.2016 of the 4th respondent and quash the same as illegal and void and for a consequential direction, directing the respondents or their servants or agents to forbear from erecting transmission line in furtherance of construction of Pooling Station – New Salem (Dharmapuri) 765 KV D/C transmission line, in his land comprised in Survey Nos. 16/2A, 17/1A situated in Keerapatti Village, Puzhithikuttai Post, Vazhapadi Taluk, Salem District, without following due
Issues for consideration
3 issues framed by the court
Whether the District Collector's order granting permission to erect transmission towers while leaving compensation vague is sustainable.
What is the proper procedure for determining compensation for land acquisition for transmission lines under Government Guidelines dated 15.10.2015.
Whether to permit the petitioner to submit a statement of claim for compensation determination by the District Collector.
Parties & counsel
- petitioner
M. Thamizhazhagan
- respondent
The Chief Manager, Power Grid Corporation of India
- respondent
Power Grid NM Transmission Ltd.
- respondent
The Chairman, Tamil Nadu Electricity Board
- respondent
The District Collector, Salem District
- respondent
Case details
As recorded by the court registry
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