DIVYAGNAKUMARI HARISINH PARMAR vs UNION OF INDIA - 2024-01-11

O R D E R

Civil Appeal No(s). 1479/200 6 In IA No.236808/2023, Mumbai Urja Marg Limited, a corporat e entity engaged in the business of transmission of electricity seek s to be impleaded in this appeal. It is submitted by Ms.Divan , learned senior counsel for the applicant that their interest in th e subject land is limited to the extent of laying down a transmissio n line. We are satisfied that the applicant has sufficient interes t to be impleaded in this appeal as respondent. Hence, applicatio n for impleadment is allowed .

Cause title be amended accordingly .

IA No.236817/2023 has been taken out by the same applicant. I t claims that it has permission to lay down the transmission line i n terms of the Section 164 of the Electricity Act, 2003 and order t o that effect has been passed by Central Electricity Authority , Ministry of Power, Government of India on 23.09.2021. Th e notification in that regard has been made Annexure A-2 to the I A No.236817/2023. The issue in the main appeal is over ownership o r title to the land through which the transmission line are require d to be laid. Question would arise, in view of the order passed i n the application taken out by the transmission company as to wh o would get the compensation, if any, for this purpose .

We, accordingly, allow IA No.236817/2023 permitting th e applicant to lay the transmission line in terms of the order date d

23.09.2021 and to that extent the order of status quo passed o n 12.09.2005 and 24.02.2006 shall stand modified. The question as t o who would be entitled to compensation, if any, for carrying suc h transmission line over the land in question is kept open and shal l be determined as per the outcome of this appeal .

Both the IA Nos.236808 & 236817 of 2023 are allowed in th e above terms .

List this appeal for hearing after four weeks along with othe r connected appeals .

Let IA Nos.177993, 177997, 206501 & 205224 of 2023 be liste d on the next date of hearing for consideration .

(NIRMALA NEGI) (RENU BALA GAMBHIR )

COURT MASTER (SH) COURT MASTER (NSH )