CENTURY RAYON LIMITED Vs. IVP LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The first respondent - IVP Limited is a company and owner of the non-agricultural land at village Vadavali bearing S. No. 43/32 admeasuring about 20 R Pot Kharaba 1 R and at village Mohane bearing S. No. 42/12 admeasuring about 22R 30P and S. No. 44/2 admeasuring about 50 R Pot Kharaba 3R. The first respondent has filed a suit for permanent injunction with a grievance that the Maharashtra State Electricity Distribution Company Limited ('MSEDC' for short), the second respondent before us, had appointed contractors who were excavating its land for construction of the electricity transmission towers without any prior approval.

(3.) The appellant - Century Rayon Limited, who is also a defendant in the suit, is a company engaged in the business of manufacture and sale of chemicals and has its plant at village Mohane, Taluka Kalyan, District Thane. The aforesaid electricity transmission towers are being constructed on the application dated 2nd May 2016 made by the appellant to the MSEDC for Line In Line Out (LILO) on 100 KV Mohane-Ambernath DC TL. Thereupon, the sanction was granted by the Maharashtra State Electricity Transmission Co. Ltd ('MSETCL' for short) vide letter 24th May 2017 subject to various terms and conditions including that the right to way problem for laying of line is to be sorted out by the appellant at its cost.