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1987 Supreme(MP) 412

A.G.QURESHI, R.K.VERMA
RAJAK – Appellant
Versus
NATIONAL THERMAL POWER CORPN. LTD. INDORE – Respondent


Advocates Appeared:
R.C.Mukati, V.S.KOKJE

R. K. VARMA, J.

( 1 ) THIS is a petition under Art. 226 of the Constitution of India, filed by the petitioners, residents of village Banjari Tahsil and District Indore, who are Bhumiswamis in respect of agricultural lands across which the respondent No. 1 National Thermal Power Corporation Ltd. , (for short NTPC), a Generating-Company, is said to be laying over-head lines for transmission of electrical energy and putting up towers for support of those lines. By this petition, the petitioners seek a writ of mandamus restraining the respondents from encroaching upon the fields of the petitioners and from putting up any erection or laying any overhead lines thereon.

( 2 ) ACCORDING to the averments in the petition, the case of the petitioners is that the petitioners intend to establish a housing colony in the aforesaid land and formalities regarding establishment of a colony are almost complete. The respondent NTPC has no authority to lay down overhead lines or erect towers for the same in the fields of the petitioners without following the due process of law and that the respondent has not followed due process of law. The petitioners have not been given any notice of the intention of
















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