BIBI JAMILA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WHEN the construction of a High Tension Transmission Tower was going on allegedly on the land of the petitioner for laying overhead High Tension Transmission line, this writ application was filed for issuance of an appropriate writ directing the respondents including Damodar Valley Corporation (for short 'Corporation') to stop the construction of the said Tower, as the same was being constructed without resorting to the provision of the Land Acquisition Act for the acquisition of the said land and without compensation being paid and as such the prayer has also been made directing the respondents to pay adequate compensation for the land on which transmission tower is being constructed.

(2.) THE case of the petitioners, as has been made out in the application, is that the petitioners are the rightful owners of the land over which transmission tower is being constructed and overhead transmission line is being laid, though the Authorities never acquired the land and paid any compensation for the same.

(3.) WHEREAS , as per the case of the Corporation, as disclosed in the counter affidavit, when the work of the construction of the transmission tower got started, no house was there near the tower but as soon as the work got started, the petitioners started making construction of a house and hence on this account, no relief can be granted to the petitioners.