ANOOP MEHTA Vs. JAYPEE POWERGRID LTD.

JUDGEMENT

(1.) THESE two petitions are being decided by a common judgment since common questions of law and fact are involved in the case.

(2.) BRIEFLY stated, the facts of the case are that respondent No.1 is laying a high voltage transmission line known as Karcham -Wangtoo -Abdulapur Transmission Line -. Admittedly, portion of this line has to pass over and above the land of petitioners in CWP No.5635 of 2010. It is also not disputed that the petitioners in CWP No.5635 of 2010 raised objections to the laying of the lines by respondent No.1 and thereafter respondent No.1 filed a suit in the Court of Civil Judge (Senior Division), Rajgarh, District Sirmaur, H.P. This suit was filed in June 2010. Along with the suit, an application under Order 39 Rules 1&2 was also filed. The petitioners Anoop Mehta and others filed written statement and counter claim in the suit. Vide order dated 30.7.2010 the learned Civil Judge, Rajgarh restrained the petitioners Anoop Mehta and others from causing loss, injury, obstruction, hindrance or causing prejudice to the construction work of the transmission line in any manner over the suit land of the aforesaid persons till disposal of the suit.

(3.) THE main ground of challenge is that the procedure prescribed was not followed before issuing the notification in question and clear two months notice was not given to the public to file objections. It is further alleged that the names of the villagers were not mentioned in the publications inviting objections and therefore the publications Annexure P -1 are not in accordance with the guidelines. It was also alleged that the publication has not been made in two newspapers. It is lastly contended that even if respondent No.1 is deemed to be a Telegraph Authority it can only exercise such powers in accordance with the Telegraph Act and cannot take the law in its own hands.