MEHAEBUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.

(2.) The Petitioner is aggrieved by the order dtd. 18/4/2022 passed by the Respondent No. 5-Superintendent of Police, Washim, thereby providing police protection to the Respondent No. 6-Maharashtra State Electricity Transmission Corporation for shifting 132 K.V. transmission line though the land belonging to the petitioner. The Petitioner has sought a writ of mandamus directing the Respondent No. 2-Collector, Washim, to forthwith initiate the process of acquisition of land and payment of compensation and damages. The Petitioner has further sought a direction to the Respondent No. 6-Corporation not to undertake the process of shifting 132 K.V. transmission line without following due process of law.

(3.) The petitioner is the owner of Field Survey No. 455 admeasuring 1.41 HR situated at village Medshi, Tq.Malegaon, Dist.Washim. According to the petitioner, in the month of September, 2021 about 10-12 officials of Respondent No. 6-Corporation and Respondent No. 7-National Highway Authority of India entered the Petitioner's land and started conducting survey without permission of the Petitioner and caused damage to the standing crop of soybean. On enquiry, the Petitioner came to know that the Respondent No. 6 is planning to shift few electric towers of high tension line and one of such towers will be installed and erected in the field of the Petitioner. This was being done in view of the widening of National Highway by the Respondent No. 7 and the consequential realignment of electric line.