PRAHLAD RAI SINGHANIA Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the Annexure -E report dated 3.6.2008 of the Manager, Nalbari Electrical Sub -Division -I addressed to the Sr. Manager, Nalbari Electrical Division in reference to the representation that was made by the petitioner making a grievance against installation of three concrete poles over his plot of land. The petitioner has also challenged the Annexure -E1 communication dated 23.6.2008 of the Sr. Manager, Nalbari Electrical Division, by which it was conveyed that the Annexure -E report dated 3.6.2008 would speak for itself. For a ready reference, both Annexure -E and E1 are quoted below:

(2.) ACCORDING to the petitioner, the respondents had earlier installed wooden electric poles over his aforesaid land for supply of electricity. Inspite of several request being made to the respondent No. 4 for shifting of the wooden poles, nothing was down, but the petitioner was assured of doing the needful in the event of replacement of the same by concrete poles. In paragraph -4 of the writ petition, the petitioner has stated that he had already relinquished a strip of land measuring 6 ft. width and 161 ft. length in the eastern side of the plot of land to provide alternative way to draw electric wire by installing poles. In paragraph -5 of the writ petition, the petitioner has stated that he was shocked to find some labourers along with Junior Engineer of the ASEB, Nalbari engaged in installing concrete poles to the replacement of the earlier wooden poles. It was on 5th April, 2008. According to the petitioner, he raised objection to the same, but the respondents did not pay any heed. It was in such circumstances, he had gone to the office of the ASEB at Nalbari and requested the officials to shift the concrete poles from his patta land. According to the petitioner, when the officials did not give any attention to his request, he made the Annexure -B representation dated 11.4.2008 addressed to the Executive Engineer, Nalbari Electrical Division, ASEB, Nalbari. For a ready reference, the representation is quoted below:

(3.) AFTER the aforesaid representation dated 11.4.2008, the petitioner made a further representation (Annexure -C) to the Chairman, ASEB, Guwahati with the prayer for direction/order to immediately stop the aforesaid wok being carried out by the Executive Engineer, Electrical Division, ASEB, Nalbari. As it appears, the representation was endorsed by Chief Engineer with the note "please take necessary as discussed today". In paragraph -8 of the writ petition, referring to the impugned Annexure -E report dated 3.6.2008, the petitioner has contended that the respondents did not care to install the concrete poles on the strip of land measuring 6' X 161' on the side of the plot relinquished by the petitioner, but instead installed the concrete poles inside his land. In paragraph -11 of the writ petition, the petitioner has stated that having regard to the location of the land in question, if the concrete poles are allowed to stay, the land would be useless and the petitioner will not be enable to construct his residential house. In Annexure -F report of the Deputy Commissioner, Nalbari dated 31.5.2008, the value of the land has been estimated at Rs. 38,75,000/ - @ Rs. 25 lakhs per bigha. It is in the aforesaid circumstance, the petitioner has prayed for setting aside and quash the impugned report and the communication with the further prayer for a direction to the respondents to shift the electric lines to the strip of land already relinquished by the petitioner, about which mention has been made above.