PRITAM KUMAR AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder a direction has been sought for upon the respondent nos.2, 3 and 4 to stop erection/establishment of electric towers/pillars over the land belonging to the petitioner situated in Rajganj, Mouza No.198, Khata No.163, Plot No.1616, area 1.74 acres.

(2.) This Court after hearing the learned counsel for the petitioner and after going across the pleading is of the view that the question which has been agitated in this writ petition fell for consideration before the Hon'ble Apex Court in the case of Power Grid Corporation of India Limited Vs. Century Textiles and Industries Limited and Ors. reported in (2017) 5 SCC 143 whereby and whereunder, it has been held that in the case of constructing of the tower over 33 KV Line, there will no acquisition of the land rather the only user's right is being taken by the transmission company and as such the title holder will be entitled to get the compensation to be adjudicated by the District Judge of the concerned District and, therefore, it has been submitted that at best the case of the petitioner is to get proper compensation for which he is to approach before the concerned District Judge for proper compensation.

(3.) Before going into the legality and propriety of the order it needs to refer the provision as contained under Sections 10 and 16 of the Indian Telegraph Act, which is being referred hereunder as :-