CHHINDWARA PLUS DEVELOPERS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 30.03.2016 passed by respondent No. 6 by which respondent No. 6 have permitted respondent No. 8 to erect "high-tension electricity poles and lines" subject to compliance of Section 10 of the Indian Telegraph Act, 1885 Section 16 and 16 (1) of the Indian Telegraph Act and Section 42 of the Electric Supply Act, 1948.

(2.) The petitioner is a company known as M/s Chhindwara Plus Developers Limited. The company developing a Special Economic Zone in District Chhindwara comprising of approximate 4,000 acres of land. The project is one of the best projects for development of industries in Madhya Pradesh and specially the area in question which has huge population of Schedule Tribe. In the year 2007, an investors meet was organized by the State of Madhya Pradesh and the petitioner was also invited. In the investors meet, the State of Madhya Pradesh requested the petitioner to make investment in the State of Madhya Pradesh. In furtherance of the investors meet, an M.O.U was executed between the petitioner and the State of Madhya Pradesh and by way of M.O.U it was decided to establish a Special Economic Zone (SEZ) at Tehsil Sausar of District Chhindwara. The establishment of SEZ is the dream project of State of Madhya Pradesh as the same would accommodate approximately 200 National and Multinational Industries which will provide employment to approximate one lac persons and would get investment of approximate 30,000 crores. For the purpose of developing a Special Economic Zone, the petitioner company has acquired land through sale-deeds, acquisition, through allotment and exchange. On the said piece of land, all necessary permissions have been obtained by the company. The competent authority has granted a formal approval in favour of the petitioner on 29.08.2016 issued under Subsection 10 of Section 3 of the SEZ Act. The said approval is valid for a period of three years within which time the developer has to implement the project. In furtherance of the M.O.U executed between the State Government and the petitioner, the petitioner started the project of establishment of the Special Economic Zone by acquiring the land. So far as, the private lands are concerned, the petitioner on behalf of the State Government acquired the private lands from their respective owners and paid the compensation in accordance with the new land acquisition Act. Further, the State Government itself allotted the land belonging to the State Government in favour of the petitioner for the purpose of establishment of the SEZ. The company has already established assets worth Rs. 1000 crores which include the land in question and other assets.

(3.) While, the petitioner was carrying on the project work, at that time, the petitioner came to know about the order dated 30.03.2016 passed by respondent No. 6 by which respondent No. 6 gave permission to Power Grid Corporation of India Limited to lay their high voltage line in various villages of Chhindwara, which includes the three villages namely Savanga, Koda Dongari and Dudhala Khurd i.e. the villages where the project is being implemented by the petitioner company. The said order was not within the knowledge of the petitioner company and it was somewhere between 18-19/12/2016 that the Revenue Officers as well as the officers of Power Grid Corporation visited the spot in question. After coming into the knowledge of the order dated 30.03.2016, the petitioner immediately moved a representation dated 20.12.2016 before the Collector, Chhindwara. In response to the said representation, it was informed to the petitioner that the project of Power Grid Corporation was approved for approximately 3000 crores i.e. the project of NTPC and as the project was to be completed soon and 70% work already stood completed, hence, they be permitted to lay the high tension lines across the project area.