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BOMBAY HIGH COURT
S.B. SHUKRE, B.P. DHARMADHIKARI, JJ
Jarnail Singh v. Maharashtra State Electricity Transmission Co. Ltd. Nagpur
| Table of Content |
|---|
| 1. challenge to transmission line on property rights. (Para 1 , 2 , 3) |
| 2. objections to tower location and legal proceedings. (Para 4 , 5 , 6 , 7) |
| 3. need for consultation per electricity act. (Para 9 , 10 , 11) |
| 4. nature of decision and scope of authority under s.164. (Para 20 , 21 , 22) |
| 5. hearing not required for route finalization. (Para 23 , 24 , 25) |
| 6. feasibility of suggestions and involvement of experts. (Para 39 , 40 , 41) |
| 7. no merit found in petition. (Para 44 , 45 , 46) |
1. By this petition, the petitioners have challenged the judgment and order dated 13.5.2011 passed by the District Magistrate, Nagpur in Case No.9 / MRC11/200910 thereby granting permission to respondent No.1 to continue with the work of the electricity transmission line from Koradi to Wardha Power Grid, which passes through the land of the petitioner. In doing so, the petitioners have also challenged the entire action of respondent No.1 in laying the transmission line as being arbitrary and violative of principles of natural justice. The petitioners have also challenged the validity of S.164 of the Electricity Act, 2003 (hereinafter referred to as " EA , 2003" for the sake of convenience), the
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