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1998 Supreme(Ori) 418

S.N.PHUKAN, ARIJIT PASAYAT
SUSANIA PATEL – Appellant
Versus
GRID CORPORATION OF ORISSA LTD. – Respondent


Advocates Appeared:
H.S. Misra, for the Appellant; B.K. Nayak and J.K. Khuntia, for the Respondent

JUDGMENT :

S.N. Phukan, C.J. - The background facts, as stated by the petitioner, are as follows:-

The petitioner purchased a plot of land in the year 1993 near the residential office of the Collector, Jharsuguda on the State Highway and after approval of plan and after obtaining proper permission from the Sambalpur Regional Improvement Trust, she constructed a double storied house. When the house was under construction, to the utter surprise of the petitioner, the opposite parties started construction of 132 KV tower line for transmission of electric energy from Brajarajnagar across the State Highway to (Cement Factory of L&T situated at Ardn. She raised objection, and it as found that necessary permission as required under law was not taken. Construction was stopped for some time. Thereafter, all on a sudden, construction of the tower started. Line from Kantapalli to the cement factory in one side of the tower was taken. The said line is not going directly over the house of the petitioner, but crossing through the State Highway. Though the petitioner raised protest again, the opposite parties did not care to listen. As the electric line is going to be constructed by the side of the





































































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