Disposed

Surendra Sah v. The State Of Bihar and Ors.

Patna HC19 Nov 2024CWJC/957/2017

Case brief

AI extract

What is this about?

A petitioner sought enhanced compensation for trees cut and removed by Power Grid Corporation for a high-voltage line. Following an earlier Patna High Court order resting on a Supreme Court decision, the court disposed of the petition with liberty to approach the appropriate forum or Civil Court for compensation.

What did the court decide?

Petition disposed on terms of prior judgment; liberty granted to seek compensation from appropriate forum/Civil Court.

Surendra Sah Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.957 of 2017

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Surendra Sah S/o Ram Khelawan Sah, R/s Village- Banauli, P.S.- Sursand, District- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State Of Bihar through Secretary, Energy Department, Government of Bihar, Patna

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The Chief Managing Director, Power Grid Corporation of India Ltd., New Delhi.

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The Managing Director, Power Grid Corporation of India Ltd., Patna.

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The Executive Director, Revenue Office, Power Grid Corporation of India Ltd., Muzaffarpur.

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Dy. General Manager, Power Grid Corporation of India Ltd., Muzaffarpur.

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The District Magistrate, Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Jha, Advocate For the State : Mr. Yogendra Pd. Sinha- AAG 7 For the Power Grid : Mr. Arbind Kumar Singh, Advocate Corporation ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-11-2024

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Heard the Learned counsel for the parties.

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The Writ petition has been filed for directing the

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respondents to enhance the amount of compensation for the trees cut and removed by the Power Grid Corporation to drawn electric line of High Voltage and any other relief/reliefs for which the petitioner may be deemed entitled too.

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At the very outset, the Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 19.03.2024 passed in CWJC No. 8470 of

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Patna High Court CWJC No.957 of 2017 dt.19-11-2024 2/3

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2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon’ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr reported in (1999)-7 SCC 298 this Writ petition may also be disposed of on the same terms and conditions.

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After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to make appropriate application for compensation before the appropriate authority.

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Having regard to the submissions made by the Learned counsel for the petitioner, the present Writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 8470 of 2022 and also with liberty to the petitioner to avail an alternate and efficacious remedy of approaching the appropriate forum /Civil Court in accordance with law for seeking reliefs as prayed for in the Writ petition. It is made clear that this Court has not expressed any opinion on the merits of the case and it is left open to the appropriate forum/Civil Court to decide the issues raised without being influenced by any of the observations made herein.

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Patna High Court CWJC No.957 of 2017 dt.19-11-2024 3/3

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With the aforesaid direction the Writ petition

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stands disposed of.

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Interlocutory Application, if any, shall stands disposed of.

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(G. Anupama Chakravarthy, J)

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Spd/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	20.11.2024
Transmission Date

Surendra Sah v. The State Of Bihar and Ors.

Case brief

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Surendra Sah v. The State Of Bihar and Ors.

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