T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Pradipta Mukherjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. After hearing the learned advocates for the parties on 06.07.2023 and upon considering the statements made in the affidavit in support of the application under Section 5 of the LIMITATION ACT this court was satisfied that the petitioner was prevented by sufficient cause for not preferring the instant appeal within the prescribed period of limitation and thereafter heard the learned advocates for the parties on the merits of the appeals and the judgment was reserved by the order dated 06.07.2023. In view thereof the marginal delay of 13 days in preferring the instant appeal is condoned. CAN 1 of 2023 accordingly stands allowed.
2. This Intra Court Mandamus Appeal is at the instance of the writ petitioner and is directed against a judgment and order dated March 16, 2023 passed by a learned Single Judge in WPA No. 28872 of 2022.
3. The appellant claims to have purchased a land in Mouza Muragacha under Police Station Sonarpur in the District of 24 Parganas (South) by a registered deed of sale dated 15.03.2011. In the year 2017, when the appellant started taking steps for construction of a house on the said land, it came to his notice that a high t
Section 17 of Act, 1885 provides for removal or alteration of telegraph line or post on property other than that of a local authority.
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.
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....
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.
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....
Section 10 of Indian Telegraph Act deals with power for telegraph authority to place and maintain telegraph lines and posts.
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.
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