RAJENDRA PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) In this petition, petitioners have assailed an order (P/7) dt. 6-3-2006 passed by the Sub-Divisional Officer. Prayer has also been made to grant compensation to petitioners for usage of their agricultural lands for taking transmission line over it.

(2.) Petitioners have submitted that the petitioner No. 1 is having total 1.40 hectares of agricultural land adjoining to the road, Respondent No. 4; Power Grid Corporation India Limited has proposed 400 KV line over the field. As per the survey conducted by respondent No. 4, the power line was to be taken from the side of the field thereby causing minimum loss to the petitioner. However, the respondent No. 4 has modified the direction of the High Tension Power line, thereby taking the line diagonally over the field so as to cross a cluster of newly built illegal houses. The officers of the respondent No. 4 are hand in glove with the owners of the houses and there is an unwritten sharing of 50% of compensation between them. The entire land of the petitioner No. 1 is liable to become un-useful due to the inherent dangers of HT line as apparent from map (P/2) which shows sanction map of the line. The Collector, Sidhi has issued a public notice (P/3) requiring the people to give co-operation. The respondent No. 4 has been notified under the provisions of Section 164 of the Electricity Act, 2003 to exercise powers under the Telegraph Act as per the notification (P/4) dated 1st January, 2004. When the petitioner resisted, the respondent No. 4 filed a complaint (P/5) before the SDO. Reply (P/6) was submitted. Order (P/7) has been passed by the SDO on 6-3-2006 requiring the petitioners and others not to obstruct.

(3.) Petitioner No. 2 is also having the total 35 acres of agricultural land 27 acres was used by the respondent No. 4 for running the high tension electric line without giving any compensation. There are already four High Tension lines, crossing over the fields of the petitioner. Now the respondent No. 4 is trying to construct a fifth HT line, as a result of which the entire land is under a mess of HT lines, thereby making it absolutely unarable due to the dangers of 400 KV line. Reply (P/9) to the notice was given to the SDO. Hence, the petition has been filed.