M. S. KARNIK, VALMIKI MENEZES
Yeshwant Hari Gawas, Son of late Shri. Hari Gawas – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. centre's oversight on transmission projects. (Para 1) |
| 2. rights and entitlements of gttpl under supreme court directives. (Para 2 , 3) |
| 3. background facts regarding gttpl's transmission line project. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. arguments presented by the petitioners on environmental and legal grounds. (Para 11 , 12) |
| 5. petitioners’ claims regarding compensation and project execution. (Para 13 , 14 , 15 , 16) |
| 6. judicial precedents cited regarding regulatory permissions. (Para 17) |
| 7. court’s analysis of the arguments and evidence presented. (Para 18 , 19 , 20 , 21) |
| 8. court's reaffirmation of the legality of the power conferred upon gttpl. (Para 22 , 23 , 24 , 25 , 26) |
| 9. clarifications regarding the status of the petitioners' properties. (Para 27 , 28 , 29 , 30 , 31) |
| 10. assurances regarding minimal impact on properties during project execution. (Para 32 , 33 , 34) |
| 11. conclusion of the court regarding the merit of the petition. (Para 35 , 36 , 37) |
JUDGMENT:
(Per M. S. KARNIK)
1. Rule. The rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.
2. The petitioner, invoking the jurisdiction of this Court under Art
Bharat Singh And Others V/s. State Of Haryana - [(1988) 4 SCC 534]
I.R. Coelho (Dead) By L.Rs. v. State of ?.?. (2007) 2 SCC 1: (AIR 2007 SC 861)
K.T. Plantation Private Limited and Anr. v. State of Karnataka (2011) 9 SCC 1: (AIR 2011 SC 3430)
Power Grid Corpn. Of India Lid. V/s Century Textiles & Industries Ltd. [(2017) 5 SCC 143]
Raghbir Singh Sehrawat v. State of Haryana and Ors. (2012) I SCC 792: (AIR 2012 SC 468)
Sahara India (Firm), Lucknow v. Commissioner of Income Tax
State Of Madhya Pradesh V/s. Narmada Bachao Andolan [(2011) 7 SCC 639]
The court upheld the validity of the District Magistrate's order permitting the laying of a transmission line, affirming that adequate notice and opportunity were provided to affected farmers, thus a....
The authority under the Indian Telegraph Act has the right to lay transmission lines on private property, prioritizing public interest and following due process, including compensation for any damage....
The Electricity Act and Indian Telegraph Act authorize the placement of transmission lines without prior notice, as long as procedural fairness is upheld regarding objections and compensation.
The powers conferred under Section 164 of the Electricity Act, 2003, are an exception to the general procedure prescribed under Rule 3 of the Andhra Pradesh Works of Licensees Rules, 2007, and theref....
The main legal point established in the judgment is that once the technical feasibility of an electricity project is approved by the appropriate Government, the landowner has no right to object to th....
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