GENERAL MANAGER GRIDCO Vs. SHYAMALIKA DAS

JUDGEMENT

(1.) This second appeal has been flied against the confirming Judgment passed in a suit flied by the Respondent for permanent injunction against the Defendant-Appellants to injunct them from raising a High Tension Tower for drawing the transmission line of 220 K.V. (D.C.) from Budhipadar to Bolangir over the disputed property which admittedly belongs to the Respondent. The appeal has been admitted on the substantial question of law as to whether the Learned Courts below are competent & having jurisdiction to decide the disputes involved in the case & to grant permanent injunction in view of the clear bar in this regard under Section 82 of the Electricity (Supply) Act, 1948 & Section 145 of the Electricity Act, 2003.

(2.) Upon hearing the Learned Counsel for the parties, it appears that over & above the substantial questions of law framed by this Court during admission of the appeal, another substantial question of law arises for determination, such as:

(3.) On perusal of the impugned Judgment, it appears that the Learned lower Appellate Court while confirming the Judgment of the Trial Court took note of the fact that the Plaintiff claimed that the suit land is a homestead land & she has raised construction of a house for which the Tahasildar under Ext. 3 authorized to convert the status of the suit land. The Learned lower Appellate Court also observed that no documentary evidence has been adduced from the side of the Defendants (Appellants) to prove such fact that the scheme was notified in the gazette & the copy of the notification does not reflect the details of the land over which the proposed transmission line was to be taken. The Learned lower Appellate Court has relied upon the decision in the case of Smt. Susaina Patel v. Grid Corporation of Orissa Ltd. and Ors., 1998 2 OrissaLR 136 in support of its finding that the proper notification & publication must indicate the areas over which the transmission line is likely to go & in absence of indication of the area in the publication or notification, it is not a proper notification.