HARVINDER KOUR AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally. In this writ petition, the petitioners inter alia seek quashment of the decision, if any, taken by the respondents for installation of electric towers from Amargarh-Samba to Akhnoor-Rajouri for laying down of 400 KV transmission line or passing the electric conductors over the land belonging to the petitioners. The petitioners also seek quashment of the Project/Survey Report regarding 400 KV transmission line insofar as it allegedly passes over the land of the petitioners as well as writ of prohibition restraining the respondents not to lay down transmission line by installation of electric towers on the property of the petitioners. In order to appreciate the petitioners' grievance, few facts need mention, which are stated infra.

(2.) The petitioners are owners of the land bearing Khasra No. 326 min, Khata No. 89/52 min Khewet No. 12/12, situate at village Gazipur Kullian, Tehsil R.S. Pura, District Jammu. The aforesaid land was purchased by the petitioner No. 1 from one Baldev Singh by a sale deed dated 25.04.2008, which was registered on 26.04.2008. It is case of the petitioners that petitioner No. 1 has constructed a double storied house on the land, which was purchased by him. An adjoining piece of land was also purchased by the petitioners. One sale deed was executed in respect of the two kanals of land in favour of the petitioner No. 2 and after execution of sale deed in respect of 1 kanal and 16 marlas forming part of Khasra No. 327 min, Khata No. 91 Khewet No. 12, situate at village, Gazipur Kullian, Tehsil R.S. Pura, the petitioner No. 2 constructed a cow shed on the land admeasuring 12 x 30 ft. and has opened a dairy farm. It is the case of the petitioners that adjoining land, that is, Khasra No. 328 belongs to one Harvinder Singh, who is a property dealer and is an influential person.

(3.) It is averred in the writ petition that the petitioner No. 2 received a call from Patwari on 04.01.2016 at about 9 AM, who asked him to come on the land. On enquiry being made by the petitioner, he learnt that his presence was required on spot as his land was earmarked for installation of electric tower for laying down 400 KV transmission line, which is routed from Punjab to Jammu and Kashmir. A meeting was stated to have been held in the office of S.D.M. R.S. Pura on 04.01.2016 and all the persons, whose land was being used for installation of towers, were called to discuss their grievance. However, petitioner No. 2 in the meeting conveyed to the Deputy Commissioner, Jammu that he is not agreeable to the acquisition of the land as he would be deprived of his source of livelihood. On that very day, the Deputy Commissioner, Jammu asked respondent No. 7 steam to inspect on spot and ascertain the factual position and earmark the land for installation of the electric tower. It is also stated in the writ petition that the aforesaid Harvinder Singh came on spot and abused petitioner No. 2.