ANANDA CH MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application filed under Articles 226 & 227 of the Constitution of INdia the petitioners have sought for issuance of a writ of mandamus to the opp. Parties not to construct any tower on the land of the petitioners and not to draw electric line over the same while drawing 400 K.V. D/C (Double Circuit) transmission line from Meramundali to Duburi.

(2.) ACCORDING to the petitioners, they are the land owners in respect of an area measuring Ac. 2.54 decimals under Khata No. 48, Hal Plot No. 1476 in Mauza Nimapalli. The land is home stead one and was adjacent to Express High Way. The petitioners came to know in December, 2007 that the construction of transmission line in question was being undertaken, which according to the petitioners, is dangerous to human life and properties. It was the further case of the petitioners that the tower line was sought to the undertaken in violation of the rights guaranteed under Article 300-A of the Constitution of India inasmuch as the land over which the power line was drawn has not been acquired under Indian Telegraph Act. On the basis of these pleadings the petitioners have filed the present writ petition to restrain the opp.parties from undertaking construction of Rengali-Meramundali- Duburi 400 K.V. D/C line.