MUSTAFA Vs. JHARKHAND STATE ELECTRICITY BOARD RANCHI

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner in this writ application has prayed for a direction upon the respondents to remove the electric pole which has been installed purportedly on the land belonging to the petitioner carrying a overhead line of 33000 volts of electricity. Such act on the part of the respondents, according to the petitioner, has been carried out without his consent and even without prior information to him.

(3.) The respondents, on the other hand, by filing their counter affidavit, have denied and disputed the claim of the petitioner. The assertion of the respondents is that the pole was installed way back in 2002 on a piece of land which, at the relevant time, was vacant. The petitioner did not raise any objection at the time of installation of electric pole and at present the pole has been supplying electricity to a large number of people in the vicinity. In the present circumstances, under the provisions of the Indian Electricity Act, the Government has a right of using individual/personal land of the citizens for the purpose of public works and as such, the petitioner cannot possibly demand removal of the electric pole which has remained installed for the past almost eight years.