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2015 Supreme(All) 1682

ALLAHABAD HIGH COURT
BEFORE : VIKRAM NATH AND DINESH GUPTA, JJ.
AKHTAR HASAN AND OTHERS .....Petitioners
Versus
POWER GRID CORPORATION OF INDIA AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 15380 of 2015, decided on 18th April, 2015)

Advocates:
Counsel :
Ajay Kumar Sharma for the Petitioners; C.S.C. and Prateek J. Nagar for the Respondents.

Headnote:Compensation—Transmission towers and service line—Construction of transmission towers and service line cannot be stopped for want of payment of compensation—However, appropriate directions can be issued to Competent Authority determining compensation in accordance to law and pay same to land holders over whose land towers are being erected—Direction issued. [Paras 2 and 3]

       Result; Petition Disposed of.

       

JUDGMENT

By the Court.—Heard Sri Manish Deo, Advocate holding brief of Sri Ajay Kumar Sharma, learned counsel for the petitioners, learned standing counsel for the State-respondent No. 3 and Sri Prateek J. Nagar, learned counsel appearing for the respondent Nos. 2 and 3.

2. Petitioners have prayed for a writ of mandamus commanding the respondent No. 2, Assistant General Manager of Power Grid Corporation of India not to pass any order permitting the respondent No. 1 to construct transmission towers and lay service line on the petitioners’ land till determination of the compensation to be paid to the petitioners in accordance to law.

3. In our opinion the construction of the transmission towers and service line cannot be stopped for want of payment of compensation. However, appropriate directions can be issued to the Competent Authority determining the compensation in accordance to law and pay the same to the land holders over whose land the towers are being erected. We accordingly dispose of this petition with liberty to the petitioners to move an appropriate application before the District Magistrate, Saharanpur with regard to their claim alongwith a certified copy of this order and other supporting material whereupon the District Magistrate, Saharanpur shall pass appropriate orders on the claim of the petitioners for compensation in accordance to law within a period of six weeks from the date of filing of such documents.

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