Smt. Gurram Sarojana v. The State of Telangana
Case brief
What is this about?
The High Court dismissed the writ petition seeking damages for loss of mango garden due to dust from a stone crushing unit operated illegally by the respondent. The Court held that a writ petition is not the proper forum for assessing damages, which must be done in Civil Court.
What the court decided
THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.4757 OF 2019
ORDER:
This writ petition is filed for the following relief:
“…………..Writ of Mandamus declaring the action of the respondents in not taking any action for payment of compensation to the petitioner in the light of the report submitted by the 4th respondent to the 2nd respondent in his report No.B/40/2015 dated 28.4.2016 confirming that the Mango Garden raised in the land to an extent of Ac.8-00 gts and the remaining land of Ac.8-01 gts has become fallow even though earlier the petitioner used to raise paddy crop with the aid of Tube Well in Sy.No.167 of Sircilla by the high handed and illegal acts of the 6th respondent in consequence to supply of power to it by the 5th respondent for crushing operation by laying the lines a midst of the aforesaid land even without taking recourse to acquisition or requisition proceedings, as being illegal, arbitrary and in violation of General Terms & Conditions of supply of the 5th respondent, apart from Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to forthwith pay the compensation to the petitioner for the loss sustained by her……….”
The sum and substance of the petitioner’s grievance is that due to dust evolving from the stone crushing unit established by the 6th respondent, the Mango garden belonging to the petitioner stopped yielding and thereby he suffered huge losses. It is the contention of the petitioner that the 5th respondent i.e., the Cooperative Electric Supply Society Ltd., ought not to have provided power supply to the 6th respondent by laying high tension lines from midst of her land. It is also the further assertion of the petitioner that since the 5th respondent laid high tension lines through her land to provide power supply to the stone crushing unit of the 6th respondent, she suffered losses and hence, she is entitled for damages.
Issues for consideration
3 issues framed by the court
Whether relief for damages arising from alleged high tension line laying can be granted in a writ petition.
Whether the petitioner has provided proper material and particulars to assess damages in this proceeding.
Whether the proper forum for assessment of damages is the Civil Court.
Parties & counsel
- petitioner
Petitioner
- respondent
Cooperative Electric Supply Society Ltd.
Coram
Challa Kodanda Ram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · March
- Registered
- Case no.
- WP/4757/2019
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