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2022 Supreme(Cal) 1167

SUVRA GHOSH
Biswajit Saha – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Kishore Dutta, Adv. Mr. Amit Pan, Adv, Mr. Aryak Dutt, Adv, Mr. Dipankar Das, Adv, for the Appellant; Mr. Bikash Ranjan Bhattacharjee, Adv. Mr. Piyush Chaturvedi, Adv, Mr. Uttam Kr. Mandal, Adv, Mr. Ansar Mondal, Adv, Mrs. Tapati Samanta, Adv, for the 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

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