The Court's decision highlights the importance of balancing the rights of individuals with the public interest in cases involving projects of national importance. While the Court recognized the mandatory nature of the provisions requiring the publication of a scheme and the opportunity for interested persons to make representations, it also considered the potential harm caused by further delay in the project and the availability of compensation and other remedies for the petitioners.

S. B. Sinha, J.

1. In this writ application, the petitioners who are said to be owners of plot Nos.630 measuring 1.15 acres, 593 measuring 0.39 acres, 577 (new) measuring 0.72 acre, 624 (new) measuring 0.06 acre, total area being 2.32 acres within Ward No.16 of Chakradharpur Municipality, has prayed for issuance of an appropriate writ prohibiting the respondents from laying down or placing any electric supply line for transmission of energy or other works including construction of any tower, putting of any pole and other electrical appliances in, on, over or under the lands owned and occupied by the petitioners situated at Mauza Chela beda, Chakradharpur in the district of Sighbhum as aforementioned.

2. The fact of the matter lies in a very narrow compass.

3. The petitioner Nos.1 and 2 are the owners and occupiers of the lands situated in Mauza Chelabera and the said lands have been recorded in the names of the petitioners in the following manner :

" (i) under Khata No.86 plot No.630 measuring an area of 1.15 acre within Ward No.16 of Chakradharpur Municipality recorded in the name of petitioner No.1. (ii) Khata No.138 plot No.593 measuring an area of 0.39 acres within Ward No.16 of Chakradharpur Municipality recorded in the name of the petitioner No.1. (iii) Khata No.1 plot No.577 (new) measuring an area of 0.72 acres, within Ward No.16 of Chakradharpur Municipality recorded in the name of petitioner No.2 and (iv) Khata No.1, plot No.624 (new) measuring an area of 0.06 acre within Ward No.16 of Chakradharpur Municipality, recorded in the name of petitioner No.2 total being 2.32 acres and petitioners are in lawful occupation of the same. "

4. Admittedly, respondent No.4 is a Government of India undertaking and is a State within the meaning of Article 12 of the Constitution of India. Respondent No.7 is a contractor of respondent No.4. Allegedly, on 12-1-1989, respondent No.6 appraised petitioner No.1 that electric supply line for transmission of energy from Jamshedpur to Rourkela would be laid down and for that purpose they will be constructing heavy towers, put poles in large quantity and instal heavy electrical appliances including transformers etc. in, on, over or under the aforesaid lands owned and occupied by the petitioners. Petitioner No.1 on 12-1-1989 itself sent an objection to the Sub-divisional Officer, Chakradharpur asserting inter alia, therein that the petitioners have to construct residential house for their sons as they had been living in an old congested house. It was further asserted that formalities for acquisition of land were yet to be performed for the said purpose.

5. It was further stated that copies of the said objection were sent to the Deputy Commissioner, Singhbhum Chaibassu (respondent No.2)National Thermal Power Corporation, Chakradharpur Branch (respondent No.5)and the Engineer, National Thermal Power Corporation, chakradharpur Branch (respondent No.6) and the same is contained in annexure-1 to the writ application. According to the petitioners, despite service of the said objection petition, neither any reply was received by them nor they were given any opportunity of being heard. The petitioners have contained that the concerned respondents in view of the provisions contained in Sec.12 (2) of the Indian Electricity Act 1910 have no jurisdiction to do the aforementioned works without their consent.

6. A counter affidavit has , been filed only on behalf of respondent nos.4 to 6 wherein inter alia it has been contended that the laying down of transmission line from Jamshedpur to Rourkella is being done in accordance with a duly approved and sanctioned scheme of the National thermal Power Corporation Limited, and the route alignment passes over the land of the petitioners. It was further contended that the construction cannot be stopped as it is a project of National importance to facilitate the evacuation of power from Super-thermal power projects of Farakka (West Bengal) and Kahalgaon (Bih