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2015 Supreme(All) 1682

VIKRAM NATH, DINESH GUPTA
AKHTAR HASAN – Appellant
Versus
POWER GRID CORPORATION OF INDIA – Respondent


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

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


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