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2022 Supreme(Online)(NGT) 715

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ARUN KUMAR TYAGI, J, AFROZ AHMAD, E
Chandramal – Appellant
Versus
State of U.P. – Respondent


Advocates:
For the Appellant: None
For the Respondent: None

ORDER

1. Mr. Chandramal resident of Alamgirpur, Ghanaur, Post Sahhakari Nagar, District Bulandshahr has sent the present letter petition by Post, which is treated and registered as original application, complaining that lakhs of trees have been cut by M/s Western U.P. Power Company Ltd. 400/200/33 KV Kala Pathar, Jadirapuram, Ghaziabad for laying 765 KW line from Mainpuri to Hapur without permission from the concerned Authorities damaging the environment. The applicant has also sought issuance of directions for payment of just compensation to him for cutting of/damage to his trees.

2. We have gone through the letter petition and documents attached with the same.

3. The Indian Telegraph Act, 1885 empowers the licencee to simply enter upon any private land and carry out necessary works by invoking Sections 10 and 11 and cut interrupting trees under Section 18 thereof without the prior consent of the owner who could claim compensation under Section 18 and enhancement thereof under Section 16 thereof. Public interest in execution of the works was given weightage over private interest of the land owner.

Section 10 , 16 and 18 of the Indian Telegraph Act, 1885 read as under:-

10. Power for t

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