GOKULANANDA BEJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Additional Government Advocate appearing for the State. The case of the petitioner is that he along with a co-sharer is residing over a piece of land bearing Khata No. 927, plot No. 278, measuring an area Ac. 0.13 decimals since the time of his forefather over which a residential building is constructed. Undisputedly, the said land is a Government land which is in uninterrupted possession to the petitioner and opposite party No. 2 is proposing to install a powerful electric transformer adjacent and close to the residential accommodation of the petitioner and the same will affect the peaceful living of the petitioner.

(2.) It is submitted that since huge extent of Government land is available, an alternate site may be selected by the opp. party No. 2 for installation of the said transformer. It is also submitted that a representation as at Annexure-5 has been made to the opp. party No. 2.

(3.) Considering the submissions made, the writ petition is disposed of directing the opposite party No. 2 to consider the representation as at Annexure-5 and examine the revenue records if any Government-land is available for installation of the electric transformer the same may be installed on such land to that the rights to residence of a citizen, which is a fundamental right under Articles 14 and 21 of the Constitution of India cannot be disturbed. With the above observation the writ application is disposed of.