The Patna High Court dismissed a writ petition challenging the erection of an electric transmission tower on the petitioner's land. The court held that the prima facie issue of erecting towers on private land was settled law, empowering the Electricity Act, and no specific grounds established the tower was erected without state permission.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.758 of 2017
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.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Kumar Kaushik For the State : Mr. Arun Kumar, AC to GP 1 For Respondent/s 7 to 10: Mr. Ritesh Kumar
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT
Date: 24-03-2017
Heard the parties.
In the present writ petition, limited grievance has been raised by the petitioner that Bihar State Transmission Company has erected the electric transmission tower over the Raiyati land of the petitioner details are as follows: Khata No.128, Khesra No. 276, Mouza Paraspatti, Thana No.352, Circle Dumra, District
Patna High Court CWJC No.758 of 2017 dt.24-03-2017
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Sitamarhi measuring 52 decimals of land.
Complaint has been made by the petitioner that all on a sudden they have entered into Raiyati land and started erecting a high voltage electric transmission tower without obtaining permission from owner of the land violates the right of the property which has been protected under Article 300A of the Constitution.
This issue is no longer in res integra. Earlier there was a provision Under Indian Telegraph Act which empowers the authority to erect the tower having been adopted in the Electricity Act, has been installing tower by the Bihar State Power Generating Company over the Raiyati land. Sections 68 and 69 of the Electricity Act, 2003 also empowers the Generating Company to establish the electric tower and electric poles. This issue has been gone into by the Hon’ble Supreme Court in the case of Power Grid Corporation of India Limited vs. Century Textiles and Industries Limited and others in Civil Appeal No.10951 of 2016, Arising out of SLP © No.34382 of 2010 where only rider has been given, in terms of the new Act that Company must take permission from the appropriate Government.
Patna High Court CWJC No.758 of 2017 dt.24-03-2017
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In the present case the State Government is appropriate authority to grant permission, and in whole of writ petition no statement has been that the tower has installed without permission of the State Government. Mere vague statement has been made in paragraph 14 of the writ petition that tower has erected without following proper procedure which is as follows:
“14. That such and action of trespass over the Raiyati Land of the petitioner by the respondents without any consent or without following the procedure prescribed under the Electricity Act is patently illegal and the respondents are liable to compensate the petitioner for the same.”
The aforesaid statement is vague, having not taken specific ground. Mere vague statement having not followed the Electricity Act can not basis to record adverse finding against the Company where there is conflict of two interest private interest as well as public interest . Public interest will prevail over private interest on the principle of Maxim “Salus Populi est Suprema lex” mean Regard for “Public Welfare is the highest law”. Petitioner has raised grievance that he has not been paid compensation, petitioner is at liberty to approach the appropriate authority who will be obliged to redress his grievance. If
Patna High Court CWJC No.758 of 2017 dt.24-03-2017
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alignment of electric wire is straight transmission loss is in lower side then to deviation of electric wire.
In such view of the matter, this Court does not find any merit in this writ petition. It is accordingly dismissed. However, this order will not cause prejudice with respect to the claim of compensation.
(Shivaji Pandey, J)
Vinay/-
| AFR/NAFR | NAFR |
|---|---|
| CAVDATE | NA |
| Uploading Date | 30.3.2017 |
| Transmission Date |
NA |
1 issue framed by the court
Whether a high court can grant relief to a petitioner asserting that an electric transmission tower was erected on his land without permission or following the prescribed procedure under the Electrici
Colour shows how this judgement treated each authority
Power Grid Corporation of India Limited v. Century Textiles and IndustriesReferred¶27
Power Grid Corporation of India Limited vs. Century Textiles and Industries Limited and others, Civil Appeal No.10951 of 2016, Arising out of SLP © No.34382 of
Baliram Singh
The State of Bihar through the Chief Secretary, Government of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
