DES RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners challenge the authority of the respondents to utilise the land belonging to them for setting up the transmission towers. The challenge is made to not only the acquisition proceedings taken under the Land Acquisition Act, whereby that much land which is going to be used for erecting transmission towers has been acquired but also to the action of the respondents to utilize the aerial space over and above the land of the petitioners. It is submitted that on account of the laying of these transmission lines, there is risk to the life of those who utilise the land under beneath. It is accordingly urged that the compensation is not only to be paid for the land acquired by the respondents but also for the land which is going to come under the air corridor through which the transmission lines are to be carried. It is stated that the width of the tower comes to 160 ft. The length of the corridor so far as the land of the petitioners is concerned is said to be 900 ft. and its width is said to be 160 ft.

(2.) THE Power Grid Department, for whose benefit the land has been acquired by respondent no. 4, submits that the compensation has been paid for the land which is going to be utilised for erecting transmission towers It is submitted that 80% of the compensation has already been deposited.

(3.) AS in the writ petition, a specific mention was not made of the fact that the compensation is required to be paid for that much land which comes under the transmission lines and as this aspect of the matter has been highlighted in the rejoinder, the counsel for the respondent corporation submits that the compensation is required to be paid only for the land, which is to be utilised for erection of towers. It is submitted that for air space, there is no requirement to pay any compensation.