MANORANJAN SA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, who are the villagers of Sarandamal and Junadihi, in the district of Jharsuguda pray for quashing the order dated 06.04.2016 passed by the Government of Odisha in Revenue & Disaster Management Department under Annexure-4 as well as the order dated 08.04.2016 passed by the Collector & District Magistrate, Jharsuguda under Annexure-5 to the writ petition, wherein M/s National Thermal Power Corporation Limited ('NTPC' in short), Darlipali, S.T.P.P. was permitted to exercise the powers for right of way/right of use of private property as per the land schedule submitted by the GGM, M/s NTPC, Darlipali for laying overhead electric lines and underground water pipelines in the lands of the petitioners.

(2.) The brief fact as delineated in this writ petition tends to reveal as follows:

(3.) According to learned counsel for the petitioners, the Principal Secretary to Government of Odisha in Revenue and Disaster Management Department vide its letter dated 06.04.2016 has authorized the Collector to issue appropriate orders under section 16 (1) of the Indian Telegraph Act, 1885 read with section 164 of The Electricity Act, 2003 for acquisition of right of user in respect of the private property with proper compensation and subject to certain conditions. Thereafter the Collector, without any notice to the petitioners/ land losers or without any payment of compensation vide letter dated 08.04.2016 allowed NTPC to undertake the project implementation over the land belonging to the petitioners. According to them, the Collector in the said order conferred the authority of NTPC to exercise all power that of Telegraph Authority by purported exercise of the power under section 164 of the Electricity Act, 2003.