JUDGMENT

Hon’ble A.K. Sikri, J.—Judgment and order dated August 02, 2010 passed by the High Court of Chhattisgarh in Writ Appeal No. 42 of 2008, which was filed by Century Textiles and Industries Limited, is the subject-matter of challenge in Civil Appeal Nos. 10951 and 10953 of 2016. These appeals are by both the parties. The aforesaid writ appeal was filed by Century Textiles and Industries Limited against the judgment dated March 11, 2008 passed by the learned Single Judge of the said High Court in Writ Petition (Civil) No. 1909 of 2007 filed by it in which the Power Grid Corporation of India Limited was the main contesting respondent. Since both the parties have challenged the impugned order, for the sake of clarity, we would refer Century Textiles and Industries Limited as the ‘writ petitioner’ and the Power Grid Corporation of India Limited as the ‘Power Grid’.

2. The writ petitioner is engaged in the manufacture of cement. It is having its cement manufacturing unit at Baikunth. Limestone is one of the minerals which is required for manufacturing cement and to felicitate the supply thereof, the State of Chhattisgarh (hereinafter referred to as the ‘State Government’) had granted the writ petitioner mining lease in the vicinity of the manufacturing unit. For this purpose, the writ petitioner had submitted mining plan, duly approved by the Indian Bureau of Mines (for short, ‘IBM’), Government of India, of the area of 74.843 hectares at village Tulsi and Bahesar. The lease period is 30 years. There is a registered lease deed dated September 30, 2002 executed between the writ petitioner and the State Government. Thereafter, the writ petitioner had submitted an application for modification of the mining plan, which was also approved on January 14, 2005 by the Government of India, subject to certain conditions.

3. The Power Grid, which is a Government of India Undertaking, is primarily engaged in the work of providing framework for the distribution and transmission of electricity generated by various generating companies throughout the country. In a way, it is discharging function which is in public interest. It is well-known that India is an energy deficient country, notwithstanding rapid expansion in this direction in the last few years, and particularly after the entry of private sector, insofar as production of electricity is concerned. Still, there are many households where lighting of even electrical bulb is a dream. Moreover, the socio-economic development of the country depends on this critical infrastructure. Keeping in view these parameters, one of the objectives of the Power Grid is to transmit the energy to remote areas.

4. At the time when the aforesaid mining lease dated September 30, 2002 was executed in favour of the writ petitioner, there existed a 400 KV transmission line outside the boundary of the existing mining lease of 237.003 hectares and the said transmission line (Sipat – Raipur) was to run parallel along the existing lines. In fact, this transmission line was completed and commissioned by the Power Grid in November 1999, work whereof had commenced in the year 1996.

5. Since the Power Grid had to lay the transmission lines parallel to the existing lines to erect towers for laying of the said transmission lines, it was observed that a part thereof was going over the land which was leased out to the writ petitioner for mining purposes. Notice in this behalf was served by the Power Grid to the writ petitioner on October 03, 2006 for erection of the said towers. At the same time, excavation work for erection of towers also started. In this notice, it was inter alia mentioned that 400 KV Sipat-Raipur transmission line would pass through the property leased out to the writ petitioner for mining. The writ petitioner replied to the said notice vide its communication dated October 18, 2006 pointing out that the area earmarked for excavation and erection of towers by the Power Grid comes under mining lease area and