SIVAKUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The present Writ Petition has been filed challenging the impugned order passed by the first respondent dated 20.11.2019, fixing the compensation payable to the petitioners. During the pendency of this writ petition, the first respondent passed another order dated 29.08.2020, enhancing the compensation payable to the petitioners. The said order is also put to challenge by the petitioners and an amendment application was filed in WMP No.15881 of 2020 and the same was allowed by this Court by order dated 28.09.2020. The petitioners are seeking for the interference of the above orders passed by the first respondent and for a consequential direction to the first respondent to give an opportunity to the petitioners and thereafter, pass orders fixing the compensation.

(2.) The petitioners are the owners of the subject properties. The second respondent is a Government of India enterprise. The second respondent is empowered under the provisions of the Electricity Act, 2003 and the Indian Telegraph Act, 1855, to erect and maintain power transmission towers and to draw transmission lines under, over, along or across and posts in or upon any immovable property.

(3.) The second respondent was entrusted with a transmission line project. Pursuant to the same, the second respondent, after getting the necessary permission from the first respondent to enter upon the property, started the work of laying towers in the property belonging to the petitioners. Similar such towers were also laid in various properties, which are adjacent to the properties belonging to the petitioners.