Smt. Sudha Sinha v. The Union Of India and Ors.
Case brief
What is this about?
Petitioner sought a writ mandamus to alter the route of a 400 K.V. transmission line threatening her house. Court accepted Corporation's undertaking that the route is fixed, ordered compensation payment, and restrained disturbance of the house pending payment.
What did the court decide?
Corporation to expedite payment of compensation to the petitioner and not disturb her dwelling house until such time compensation is paid.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1106 of 2015
====================================================== Smt. Sudha Sinha, wife of Shri Ashok Kumar, resident of Village- Kashim Chak, P.O.- Mahanandpur, P.S.- Deep Nagar, District- Nalanda. .... .... Petitioner/s Versus 1. The Union of India through the Secretary, Energy Department, New Delhi. 2. The Power Grid Corporation of India Limited through its Chief Managing Director, New Delhi. 3. The Project Director, Power Grid Corporation of India Limited, New Delhi. 4. The Executive Director, Regional Office, Power Grid Corporation of India Limited, Patna. 5. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 6. The Chief Manager, Power Grid Corporation of India Limited, SubStation, Biharsharif, Nalanda. 7. The Manager (T.L.) 400 K.V., Biharsharif, Sub-division, Nalanda. 8. The District Magistrate, Nalanda at Biharsharif. 9. The Sub-divisional Officer, Sub-Division- Biharsharif, DistrictNalanda. 10. The Circle Officer, Biharsharif Circle Office, District- Nalanda. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha Mr. Dhirendra Kumar Singh For the Union of India : Ms. Kanak Verma, CGC For the Respondent-State : Mr. Ashok Kumar Choudhary, AAG-13 For Power Grid Corporation : Mr. Suraj Samdarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
- 3 03-02-2015 Heard Mr. Manoj Kumar Jha, learned counsel appearing on behalf of the petitioner, learned counsel for the State, Mr. Suraj Samdarshi, learned counsel appearing for the Power Grid Corporation of India Limited and Ms. Kanak Verma, learned Central Government Counsel for the Union of India.
Patna High Court CWJC No.1106 of 2015 (3) dt.03-02-2015
2
The petitioner has prayed for a writ in the nature of mandamus commanding the respondents to alter the route of 400 K.V. transmission line which the respondent-Corporation propose to install and which would pass over head the house of the petitioner situated over plot bearing Khata no.42, Khesra no.36 admeasuring 31/ 2decimals in Mauza- Kasimchak in the district of Nalanda.
Issues for consideration
1 issue framed by the court
Whether the Corporation can be commanded to alter the route of a proposed 400 K.V. transmission line when force majeure and route impossibility are claimed.
Parties & counsel
- petitioner
Smt. Sudha Sinha
- respondent
The Union of India
- respondent
The Power Grid Corporation of India Limited
- respondent
The State of Bihar
Coram
Case details
As recorded by the court registry
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