SHYAMALIKA DAS Vs. GENERAL MANAGER GRIDCO

JUDGEMENT

(1.) Leave granted. Heard.

(2.) The appellant claims to be the owner of a residential plot measuring 10 cents. The respondents (earlier GRIDCO, now Orissa Power Transmission Corporation Ltd.) while laying and erecting Budhipadar -Bolangir 220 KV Line, has erected Tower No. 54D for drawing high tension transmission lines in the appellant's property. The appellant objected to the erection on the ground that the entire homestead land would be rendered useless. According to the respondents, only one of the four legs of the tower is fixed in one extremity end of the plaintiff's property and they are willing to compensate the appellant in this behalf. Respondents deny that appellant's land is a residential plot.

(3.) The appellant filed a suit for a permanent injunction in the year 2002 to restrain the respondents from interfering with her possession and the said suit was decreed on 25.2.2004 restraining the respondents from interfering with appellant's possession of the suit property. The appeal filed by the respondents was dismissed on 23.12.2005. The second appeal filed by the respondents was allowed by the High Court in part, by the impugned judgment dated 5.2.2010. The High Court permitted the respondents to draw the electricity transmission line over the appellant's land as per its project scheme and declared that the appellant will be entitled to Rs. 1,75,000/- as compensation, for raising the high tension tower over the appellant's land. The High Court has further directed that respondents will not acquire any title over the appellant's land except to maintain the tower and the area below the tower. Aggrieved by the said decision, the applicant has filed this appeal by special leave inter alia contending that the High Court has acted beyond its jurisdiction under Section 100 of the Code of Civil Procedure (for short 'the Code') by erroneously purporting to exercise power under Sections 89 and 151 of the Code.