LAWS(PAT)-1998-7-77

MADAN MOHAN SHARMA Vs. STATE OF BIHAR

Decided On July 21, 1998
MADAN MOHAN SHARMA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) A learned Single Judge has referred the following questions to Division Bench for decision :

(2.) THE petitioners have filed this writ petition seeking appropriate writ directing the Damodar Valley Corporation (hereinafter referred to as the DVC), the State of Bihar and their officials to pay them adequate compensations and damages for 20 decimals of land over which they have installed High Tension Transmission Tower as well as rent and damages for 55 decimals of land over which high tension cables have been laid down with 18% interest.

(3.) THE fact that the petitioners are still owners in possession of the land over which high tension lines have been laid is not disputed by them. Their grievance, however, is that the utility of their land has been reduced substantially by overhead high tension cables of 33,000 volts because their right to use it in the manner they like and for the purpose of their choice have been completely restricted, substantially reducing its value