OM PARKASH Vs. LINE INCHARGE, AMIT KUMAR

JUDGEMENT

(1.) THE challenge in this revision petition by petitioner -plaintiff Om Parkash son of late Mata Ram (for brevity "the plaintiff"), is to the impugned order dated 20.11.2013 (Annexure P2), vide which, the trial Court has dismissed his application for ad interim injunction under Order 39 Rules 1 and 2 read with section 151 CPC and the order dated 3.2.2014 (Annexure P3), by means of which, his appeal was dismissed as well by the appellate Court.

(2.) HAVING heard the learned counsel for the petitioner, having gone through the record with his valuable help and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the instant petition in this respect.

(3.) AS is evident from the record that the Central Government has formulated a Scheme, to erect the electricity transmission line from Meerut to Moga, as envisaged in Section 164 of The Electricity Act read with Sections 10 and 16 of The Indian Telegraph Act, 1885, after obtaining the technical approval and sanction of the Ministry of Power Government of India. It is not a matter of dispute that the appropriate authority can use the land for the purpose of laying the transmission line without acquiring it. However, the persons interested would be entitled to the compensation for the use of their land under the indicated Acts. Therefore, the plaintiff cannot injunct the defendants to stop the commissioning of electricity transmission line. Taking into consideration the entire material and relevant facts, the trial Court has correctly dismissed the injunction application of the plaintiff, vide impugned order (Annexure P2). Not only that, the order of trial Court was upheld by the appellate court, by virtue of impugned order (Annexure P3), which, in substance, is as under : -