M.MOHAMMED RASHEED Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are preferred by the petitioners in W.P.(C) Nos.25934/17 and 34264/16, aggrieved by the common interim order passed by the learned Single Judge on 21st August 2017. By the said order, the learned Single Judge has declined to the prayer of the appellants to stay further proceedings for drawing of the 400 KV electric line, in the stretch Edamon to Kochi and further clarified that the issue of compensation to be paid to the appellants, for the extent of deprivation of their proprietary rights over their lands is left open to be considered at the time of disposal of the writ petition.

(2.) We heard the counsel for the appellants, the learned Government Pleader and the learned Standing Counsel appearing for the Power Grid Corporation of India Limited.

(3.) The main contention raised by the learned counsel for the appellants was that the learned Single Judge has finally determined the issues raised in the writ petition itself and that such an order taken by the learned Single Judge has virtually rendered the writ petition itself infructuous. In this context, the conclusions of the learned Single Judge as contained in the order impugned with regard to the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the entitlement of the Power Grid Corporation to construct towers for drawing the lines in question were referred to by the counsel. The counsel also complained that the learned Single Judge has erroneously proceeded on the assumption that the only issue for consideration is regarding the entitlement of the appellants for the compensation that is payable to them.