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1977 Supreme(All) 101

YASHODANANDAN, S.MALIK
Deva Raj – Appellant
Versus
U. P. State Electricity Board Lucknow – Respondent


Advocates:
Sripat Narain Singh, for Appellant; V.K. Mehrotra, for Respondents.

YASHODA NANDAN, J. :- Aggrieved by the dismissal of his writ petition by a learned single Judge of this Court, the appellant has filed this special appeal. The writ petition was filed on the allegations that the appellant was the owner of an estate called Chandan Bari Estate which is claimed to have been developed into a residential colony. In the writ petition it was alleged that the U. P. Electricity Board is laying a 132 KV transmission line between Yamuna Power House Dehradun and Dehradun. The transmission line runs through the appellants estate. The appellants case in the writ petition was that in March 1968 the Executive Engineer of the Hydel Transmission and Construction Division, Roorkee, discussed the suitability of a route for the transmission lines through the appellants estate and an agreement was arrived at as to the exact route that the lines would take and the spots where the towers would be constructed but subsequently the respondents have marked out places for construction of towers Nos. 16 and 19 which were at variance from those which had been agreed upon between the parties. The appellant consequently on the 28th March, 1968 applied to the District Magistrate, D



































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