Order on Board

04.03.2024

1) The petitioner has filed this petition seeking the following relief(s):-

"10.1. That this Hon'ble Court may kindly be pleased to direct the respondent No.2 and 3 to not to acquire petitioners land.

10.2. That this Hon'ble Court may kindly be pleased to direct the respondents No.2 and 3 to opt for any other way or route possible which doesn't involve the land of the petitioner.

10.3. That any other relief which this Hon'ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding their interest."

2) The facts of the present case are that the petitioner is a member of the Scheduled Tribes community and is the owner of the land bearing Khasra No.256/3, situated at R.I.C. Amleshwar, Village Mahuda, Tehsil Patan, District Durg, Chhattisgarh. The above- stated land is agricultural land and is the only source of income for the petitioner. On 13.01.2024, respondent No.3/Assistant Engineer, Extra High Tension (Construction) Department issued a letter for the installation of a power distribution line over the land of the petitioner. On 15.01.2024, the petitioner wrote a letter to the Collector by participating in the Jan Chaupal seeking a direction to stop the installation of 132 KV Grid connectivity.

3) Learned counsel for the petitioner would submit that the petitioner is aged about 50 years and the land bearing Khasra No.256/3 situated at Village Mahuda, Tehsil Patan, District Durg is an agricultural land. He would further submit that the petitioner does not have any other source of income except the aforesaid land and even if the petitioner is compensated with the lump-sum amount, it is not possible for the petitioner to start a new business. He would also submit that the land in question for spreading the line of power distribution is against the law laid down in the Electricity Act and the other prevalent Acquisition Laws. He would also contend that as per laws of land acquisition, the acquisition of land of a person belonging to a Scheduled Tribe should be the last resort and thus, the action of the respondent authorities is illegal.

4) Learned counsel for respondents No.2, 3 & 5 would submit that the issue involved in the present case is squarely covered with the order dated 23.02.2024 passed by this Court in WPC No. 4848 of

2023 (M/s. Kalyani Ispat Limited vs. Union of India and Ors.).

5) Shri Vedant Shadangi, learned Panel Lawyer for the State also endorses the contention of learned counsel for respondents No.2, 3 & 5.

6) I have heard counsel appearing for the parties and perused the documents present on record.

7) Some provisions of the Electricity Act, 2003 and the Indian Telegraph Act, 1885 would be relevant for the disposal of the present petition. Those are reproduced herein below for reference:- (i) Section 164 of the Electricity Act, 2003 (for short ‘the Act, 2003’) deals with the exercise of powers of Telegraph Authority in certain cases. Section 164 reads as under:-

"164. (Exercise of powers of Telegraph Authority in certain cases).―The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained."

(ii) The Indian Telegraph Act, 1885 came into force on 22.07.1885. The main object of the bill was to give power to the Government and to any company or person license