VIVEK KUMAR Vs. POWER GRID CORPORATION OF INDIA LTD; MANAGING DIRECTOR, POWER GRID CORPORATION; GENERAL MANAGER-CUM-CHIEF ENGINEER TRANSMISSION ZONE ALANKAR PALACE; ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION; BIHAR STATE ELECTRICITY; CHAIRMAN , BIHAR STATE ELECTRICITY BO

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Janardan Prasad Singh, counsel for the Power Grid Corporation of India Limited. Petitioner is the raiyat of various plots detailed in paragraph-4 of the petition measuring an area of 5.43 acres in village-Amba in the district of Jamui which is likely to be used by the Power Grid Corporation of India Limited for erection of pole, towers for transmission of electricity. Power Grid Corporation of India Limited is licensee under the Electricity Act, 2003 and is authorised to use the lands of the petitioner for erection of poles and towers for transmission of electricity subject to compensation payable to the owner of the land as per the provisions contained in Section 10 of the Indian Telegraph Act, 1885 which is incorporated by virtue of Section 164 of the Electricity Act, 2003. It is submitted on behalf of the petitioner that after erection of pole, tower for transmission of electricity over the lands detailed in paragraph-9, the said lands will become absolutely unfit for agriculture or any other purpose as such petitioner should be paid compensation and until such payment is made erection work be stayed. I regret not to accede to such request of the petitioner for staying the erection work of pole, tower for transmission of electricity over the lands of the petitioner as licensee is authorised under Section 10 of the Indian Telegraph Act, 1885 read with Section 164 of the Electricity Act, 2003 to use the land under, over, along, or across for fixing posts, poles, tower in or upon, any immovable property for transmission of electricity provided the licensee paid compensation to the raiyat whose land is being used for raising the poles and towers for transmission of electricity.

(2.) In view of the provisions contained in Section 164 of the Electricity Act read with Section 10 of the Indian Telegraph Act, 1885, I am not inclined to stay the erection of the poles and towers over the lands of the petitioner until payment of compensation to the petitioner for damages caused as the provisions of the Licensee Rules, 2006 is subject to the powers conferred upon licensee under Section 164 of the Electricity Act, 2003.

(3.) Having held as above, I direct the petitioner to appear before the General Manager of the licensee, Respondent no.3, who after hearing the petitioner shall ensure that petitioner is paid compensation for the damage suffered by the petitioner on account user of his land for transmission of electricity by the Licensee. Necessary compliance for payment of compensation to the petitioner be made by the General Manager within reasonable time not exceeding three months from the date of production of a copy of this order by the petitioner before the General Manager, Power Grid Corporation of India Limited, Respondent no.3.