LAWS(BOM)-2020-8-53

HARIHAR BUILDSPACE PRIVATE LTD. Vs. UNION OF INDIA

Decided On August 03, 2020
Harihar Buildspace Private Ltd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Shri Kothari, learned counsel for the petitioner. Nobody is present for respondent No.3, nor any reply has been filed by respondent no.3 to this petition, although respondent no.3 is duly served and is also duly represented by its learned counsel.

(2.) The principal issue involved in this petition is of nonpayment of compensation to the petitioner in spite of use of the land of the petitioner bearing field survey no.68 for erection and commissioning of 132 KV Khapri-Buttibori Trasmission line, which was completed during the period from 13.09.2010 to 27.09.2010.

(3.) From the documents filed on record, it is seen that it were the respondent No.3-Transmission Company which had filed an application under Section 16(1) of the Indian Telegraph Act, 1885 before the competent authority, the District Magistrate, Nagpur praying for grant of permission to respondent No.3 to carry out the work of transmission line and continue to exercise the powers as Telegraph Authority in executing the said work insofar as the work was required to be carried out in field Survey No.68 belonging to the petitioner.