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2011 Supreme(Pat) 1524

JYOTI SARAN
Shagufta Fatima – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the petitioners: Mr. Kumar D.P. Singh (in both).
For the Corporation : Mr. Ram Suresh Roy, H.K. Tiwary.

JUDGMENT :

Heard learned counsel for the parties.

2. The petitioner of C.W.J.C.No.3996 of 2010 has her raiyati lands at Village Mahimapur within Bodhgaya Block in the district of Gaya and the petitioner of C.W.J.C.No.11195 of 2010 is a resident of Village Prem Jiwar, P.S. Bahadurpur, (Laheriasarai) in the district of Darbhanga and owner of land bearing Khata no.45, Khesra No.111 situated therein. The complaint of the petitioner in C.W.J.C.No.3996 of 2010 is that the respondent Power Grid Corporation of India Limited (hereinafter referred to as ‘PGCIL’), in their endeavor of laying down of 440 KV transmission lines, has encroached over her raiyati holdings as described in the writ petition without any notice and without any permission. Similarly, the complaint of the petitioner in C.W.J.C.No.11195 of 2010 is that PGCIL is constructing one 132 KV Tower line on her raiyati land as described above.

3. The petitioners thus dispute and raise objection to the erection of the transmission lines on their respective raiyati lands, inter alia on grounds that neither any notice nor any hearing has been afforded to them by the authorities of the PGCIL nor have they obtained their permission bef










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