Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
M/s PRA Computer Forms (P) Ltd - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2383 of 2021
Decided On : 18-11-2021
Electricity Connection - Land Acquisition - The court directed the petitioner to make a representation to the District Magistrate for setting up a new electricity line, emphasizing the need for timely action to avoid unnecessary delays in commencing work in the unit.
Fact of the Case:
The petitioner's land and building were acquired for the expansion of a highway, and the petitioner applied for an electricity connection for the new location of the unit. However, the electricity connection was not being provided, leading the petitioner to approach the court.
Finding of the Court:
The court disposed of the writ petition with the liberty for the petitioner to make a representation to the District Magistrate, directing the District Magistrate to look into the matter and pass an appropriate order within one month after inviting comments from Forest and Revenue Authorities.
Issues: Delay in providing electricity connection due to opposition by villagers and the need for timely action to commence work in the unit.
Ratio Decidendi: The court emphasized the need for timely action and directed the petitioner to make a representation to the District Magistrate to address the delay in setting up a new electricity line.
Final Decision: The writ petition was disposed of with the liberty for the petitioner to make a representation to the District Magistrate, and the District Magistrate was directed to pass an appropriate order within one month after inviting comments from Forest and Revenue Authorities.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner was having a paper printing unit next to Rampur-Kathgodam Highway. Petitioner’s land and building was acquired by National Highways Authority of India for expansion of the said highway. Now petitioner has set-up his unit in Village Tejpur Negi, Tehsil Lalkuan, District Nainital. Petitioner has applied for electricity connection in which he has deposited a requisite fee of Rs. 7,55,500/- on 21.01.2021.
2. Since electricity connection is not being given to the petitioner, therefore, he has approached this Court.
3. Learned Senior Counsel appearing for the petitioner submits that since a new electricity line has to be set-up for giving connection to the petitioner and due to opposition by the villagers, Uttarakhand Power Corporation Ltd. is not taking any steps for setting-up of electricity line in the area, therefore, the matter is being unnecessary delayed and petitioner is not able to commence work in his unit. He further submits that the electricity line can be easily set-up on the side of the road, which is revenue land, therefore, the District Magistrate be directed to look into the matter and take appropriate decision. He further submits that petitioner may be permitted to make representation to District Magistrate.
4. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Nainital, within ten days’ from today. If petitioner makes such representation, the District Magistrate shall look into the matter and pass appropriate order, in accordance with law within one month thereafter, after inviting comments from Forest and Revenue Authorities.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
