SUKDEB DAS Vs. KUMARI SAMANTA

JUDGEMENT

(1.) We have heard the learned Counsel for the parties and perused the impugned order dated 18.2.2004.

(2.) The learned Counsel for the appellants submits that the respondent/writ petitioner No. 1 is not the owner of the land comprising plot No. 547 of Mouza Kakharda and she is only the owner of 1 dec. of land out of this plot and there are other owners of the said land.

(3.) Be that as it may we direct that in case the respondent/writ petitioner No. 1 does not give her consent for drawing the power line then the power line cannot be drawn over the land of the respondent/writ petitioner No. 1. However it will be open for the appellant/State Electricity Board to draw transmission line from the plot of others with their consent and in accordance with law.