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2015 Supreme(Online)(Bom) 50

BOMBAY HIGH COURT
S.B. SHUKRE, B.P. DHARMADHIKARI, JJ
Jarnail Singh v. Maharashtra State Electricity Transmission Co. Ltd. Nagpur


Advocates:
For the Appellants/Petitioners: R.P.Joshi
For the Respondents: S.P. Dharmadhikari, D.M. Kale, B.H. Dangre, Rohit Deo

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 Govt. Resolution dated 24.8.2006, first proviso to R.3(1) and R.3(4) of the Works of Licenses Rules, 2006 (hereinafter referred to as "Rules, 2006" for the sake of convenience) framed under the , 2003 as according to the petitioners these provisions violate their fundamental rights guaranteed under Art.14, Art.19 and Art.21 and also their constitutional right to property arising from Art.300A of the Constitution of India.

2. The petitioners are the owners of the land bearing Gat / Survey N
















































































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