BISWAJIT SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers of the writ petitioners are as follows:-

(2.) The petitioners are aggrieved by the decision making process adopted by the third respondent in installing a pole for transmission of high voltage electricity by encroaching upon the petitioners' land. Learned counsel for the petitioners submits that no notice of such installation was served upon the petitioners in terms of the provisions of the Electricity Act, 2003 and in any event, if such high tension electricity pole is to be installed on the land of the petitioners, notice ought to have been given for acquisition of the said land and payment of adequate compensation as per the market value of the land to the petitioners. On inquiry, the petitioners were informed that no notice was given by the third respondent to any person whose land was likely to be affected by such installation and upon insistence of the first petitioner, the third respondent handed over a sketch map indicating its plan of action and laying of high tension line on the petitioners' land.

(3.) Referring to sec. 10(d) of the Indian Telegraph Act, 1885, learned counsel for the petitioners' submits that in installing such high tension electric transmission line, the authority should do as little damage as possible and pay full compensation to all persons interested for such damage sustained by them. It is further submitted that the high tension electric line shall run through the middle of the land covering a substantial area and the land cannot be utilised for any other purpose.