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SUVRA GHOSH
Biswajit Saha – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Suvra Ghosh, J. - The prayers of the writ petitioners are as follows:-
'(a) A writ in the nature of mandamus do issue directing the Respondent authorities and more particularly the Respondent No.3 not to take any action towards installation of the high tension electric transmission line or the supporting poles on the land of the petitioners without following the due process of law;
(b) A writ in the nature of prohibition do issue prohibiting the Respondent authorities from encroaching the land of the Petitioners without following the due process of law;'
2. The petitioners are aggrieved by the decision making process adopted by the third respondent in installing a pole for transmission of high voltage electricity by encroaching upon the petitioners' land. Learned counsel for the petitioners submits that no notice of such installation was served upon the petitioners in terms of the provisions of the Electricity Act, 2003 and in any event, if such high tension electricity pole is to be installed on the land of the petitioners, notice ought to have been given for acquisition of the said land and payment of adequate compensation as per the market value of the land to the petitione
The authority's compliance with the provisions of the Indian Telegraph Act, 1885 and the sufficiency of compensation were central legal points established in the judgment.
Statutory authorities can erect high-tension electricity towers on private land without prior consent, provided they ensure minimal damage and compensate affected parties, in adherence to public inte....
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 of the respondent to shift transmission towers under the Electricity Act and the entitlement of aggrieved parties to compensation under the Indian Telegraph Act.
No prior notice required for erecting transmission lines under Electricity Act; compensation is the only remedy for property owners.
Section 164 of Electricity Act, 2003, no land owner or person interested can seek for shifting or realigning of the route, on the premise that the District Collector-cum-District Magistrate, has powe....
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