Disposed

Achal Singh v. State of Rajasthan

Rajasthan HC16 Apr 2024CW/3864/2024

Case brief

AI extract

What is this about?

The High Court disposed three connected writ petitions filed by landowners. The court directed the District Collector to determine compensation for land used for a 765 KV power transmission project, issue an opportunity for hearing, and pay the amount promptly.

What did the court decide?

Direction to District Collector and Sub Divisional Officer to determine compensation for land utilized for transmission line within two weeks after hearing and payment within four weeks thereafter; wo

Achal Singh Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JD:16485]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Civil Writ Petition No. 17859/2023

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Laduram S/o Tikam Ram, Aged About 65 Years, R/o Village Luni, District Jodhpur, Raj.

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Manglaram S/o Hariram, Aged About 60 Years, R/o Village Luni At Present Basni Jhuta, Tehsil Luni, District Jodhpur, Raj.

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Himtaram S/o Hariram, Aged About 65 Years, R/o Village Luni At Present Basni Jhuta, Tehsil Luni, District Jodhpur, Raj.

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Dalaram S/o Gokal Ram, Aged About 56 Years, R/o Lun Singh Ki Dhani, Sikarpura, District Jodhpur, Raj.

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Dungar Ram S/o Laxman Ram, Aged About 68 Years, R/o Patelo Ka Bass, Village And Tehsil Luni, District Jodhpur, Raj.

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Paburam S/o Laburam, Aged About 46 Years, R/o Kheda Sarencha, Sarecha, Jodhpur, Raj.

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Bhakharam S/o Jogaram, Aged About 37 Years, R/o 378, Sarecha Road, Village And Tehsil Luni, District Jodhpur, Raj.

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Hanuman Ram S/o Rawat Ram, Aged About 60 Years, R/o Village Sarecha, Teh. Luni, District Jodhpur, Raj.

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Babu Ram S/o Rawat Ram, Aged About 54 Years, R/o Patelo Ki Dhani Kheda Sarecha, The. Luni, District Jodhpur, Raj.

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Mehra Ram S/o Roopa Ram, Aged About 46 Years, R/o Patelo Ki Dhani Kheda Sarecha, The. Luni, District Jodhpur, Raj.

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Meera Devi W/o Dhana Ram, Aged About 58 Years, R/o Patelo Ki Dhani Kheda Sarecha, Tee. Luni, District Jodhpur, Raj.

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Antar Kanwar W/o Gaje Singh, Aged About 60 Years, R/o Village Sarecha, Tee. Luni, District Jodhpur, Raj.

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Kallaram S/o Bhakhar Ram, Aged About 54 Years, R/o Village Sar, Tehsil Luni, District Jodhpur, Raj.

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Kali Devi S/o Kheta Ram, Aged About 47 Years, R/o Village Sar, Tehsil Luni, Ditrict Jodhpru, Raj.

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Bhoma Am S/o Khimas Ram, Aged About 44 Years, R/o Village Sar, Tehsil Luni, District Jodhpur, Raj.

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Bhanwara Ram Patel S/o Choutha Ram, Aged About 37 Years, R/o Village Sar, Tehsil Luni District Jodhpur (Raj.)

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Choutha Ram S/o Ramaram Patel, Aged About 70 Years, R/o Nimbala Nada, Village Sar, Tehsil Luni District Jodhpur (Raj.)

[2024:RJ-JD:16485]

[CW-17859/2023]

----Petitioners

(2 of 6)

Versus

State Of Rajasthan, Through Secretary, Department Of Energy Government Of Rajasthan, Jaipur.

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District Collector, Jodhpur

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Tehsildar Luni, District Jodhpur

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Sterlite Pawar Transmission Limited, Through Its Project Manager Office At House No.112 Roop Nagar Pawata C Road Jodhpur

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 19411/2023

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Pukh Singh S/o Dhokal Singh, Aged About 58 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Umed Singh S/o Dhokal Singh, Aged About 56 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Kaan Singh S/o Mangal Singh, Aged About 53 Years R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Inder Singh S/o Mool Singh, Aged About 56 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Chain Singh S/o Durg Singh, Aged About 55 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Sita Kanwar W/o Madho Singh, Aged About 58 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Champa Lal S/o Rupa Ram, Aged About 70 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Madan Lal S/o Rupa Ram, Aged About 65 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Kishore Singh S/o Malan Singh, Aged About 50 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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Sumer Singh S/o Malan Singh, Aged About 48 Years, R/o Kharabera Purohitan, Tehsil Luni, District Jodhpur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary Department Of Energy Government Of Rajasthan.

(3 of 6)

[2024:RJ-JD:16485]

[CW-17859/2023]

District Collector, Jodhpur

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Tehsildar Luni, District Jodhpur

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Sterlite Power Transmission Limited, Through Its Project Manager Office At House No.112 Roop Nagar Pawata C Road Jodhpur

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----Respondents

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S.B. Civil Writ Petition No. 3864/2024

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Achal Singh S/o Magh Singh, Aged About 60 Years, R/o Khara Bera Purohitan, Tehsil Luni, District Jodhpur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Department Of Energy Government Of Rajasthan.

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District Collector, Jodhpur.

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Tehsildar, Luni District Jodhpur.

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Sterlite Power Transmission Limited, Through Its Project Manager, Office At House No. 112 Roop Nagar Paota C Road, Jodhpur.

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Beawar Transmission Limited, Through Its Project Manager Office At House No. 112 Roop Nagar Paota C Road, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Moti Singh. For Respondent(s) : Mr. Rajesh Panwar, AAG Mr. M.S.Singhvi, Senior Advocate Assisted by Mr. Abhishek Mehta.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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16/04/2024

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Since, the issue involved in all the writ petitions is identical, therefore, they are being decided by this common order.

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For convenience, the facts of Writ Petition No.17859/2023 are taken into consideration for disposal of these writ petitions.

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[CW-17859/2023]

(4 of 6)

Heard learned counsel for the parties.

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The present writ petition has been filed for following reliefs:“i) That by an appropriate writ, order or direction may kindly be issued and the respondents may kindly be restrained to raise any transmission tower or line from/ over the land of the petitioner until the acquisition is not made under a valid notification or the process of law, the respondent may also directed for determining the compensation against the use of land under the provision of land acquisition Act, 2013.

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ii) That by an appropriate writ, order and direction may kindly be issued and respondents may restrict to interference in the right of the petitioners over the land in question as mentioned in annexure-3 of the writ petition.

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iii) That by an appropriate writ, order and direction may kindly be issued and the respondents may kindly be prohibited to construct the transmission tower/line upon the land of petitioners without any acquisition of the land and determine of the compensation.

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iv) That by an appropriate writ, order and direction may kindly be issued and order/ communication dated 16.10.2023 (Annex.11) and notice dated 05.07.2023, 06.97.2023 and 21.09.2023 (Annex.4) may kindly be quashed and set aside”.

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Briefly noted facts of the case are that a Project for 765 KV double circuit Power Transmission, connecting Beawar and Fatehgarh-3, is currently underway and is traversing through Jodhpur. The Government of India has chosen Sterlite Grid Limited as the implementing agency for the above project. This transmission line passes directly through the land owned by the petitioners yet no compensation has been determined for utilization of the land of the petitioners for the said project. Hence, these writ petitions have been preferred.

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Learned counsel for the petitioners submits that the land of the petitioners which are located in Luni Tehsil of Jodhpur are

[2024:RJ-JD:16485]

[CW-17859/2023]

(5 of 6)

being utilized for the purpose of installation of power tower without taking any recourse provided under law and without paying them suitable compensation as per the prevalent law. Learned counsel further submits that without determining the extent of compensation to be paid to the petitioners, erection of tower and lying down of electric line work is being undertaken. He, therefore, prays that the land of the petitioners may be utilized after determination and payment of compensation for erection of tower and raising transmission lines from the petitioners land.

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Mr. Rajesh Panwar, Senior Advocate cum Additional Advocate General and Mr. M.S.Singhvi, learned Senior Counsel submit that the authorized authority i.e. District Collector, Jodhpur/ Sub Divisional Officer, Luni will determine the compensation to be paid to the petitioners and after determination of the same, the amount so determined by the authority concerned will be paid to the petitioners. Learned Additional Advocate General submits that it is a Project of National importance, therefore, the land of the petitioners may be allowed to be utilized and in a time bound manner, determination of compensation will be made by the respondents. Thereafter, the amount of compensation will also be paid to the petitioners.

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The submission made by learned counsel for the respondents is gracefully accepted by the counsel for the petitioners. He submits that determination of the compensation and payment of the same may be made by the authority concerned in a shortest time.

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Considering the submissions made, the present writ petitions are disposed of with a direction to the District Collector, Jodhpur/

[2024:RJ-JD:16485]

[CW-17859/2023]

(6 of 6)

Sub Divisional Officer, Luni to determine compensation of the petitioners’ land which is being utilized for erection of transmission line within a period of two weeks after giving reasonable opportunity of hearing to all the concerned parties. Determination of amount of compensation shall be done by the competent authority in accordance with the guidelines dated 15.10.2015 (Annex.6 & 7) issued by the Ministry of Power, Government of India including payment of compensation for erection of Tower and right of way, in addition to other points. The amount so determined shall be paid to the petitioners within a period of four weeks thereafter.

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The erection work will be initiated in the land of the petitioners immediately after amount determined is deposited before the District Collector concerned.

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(VINIT KUMAR MATHUR),J

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427-429 Anil Singh/-

Achal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Achal Singh v. State of Rajasthan

Case brief

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What did the court decide?

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