Shyam Singh and 18 Others v. Union of India and 6 Others

Court No. - 40 Case :- WRIT - C No. - 28893 of 2023 Petitioner :- Shyam Singh And 18 Others Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Virendra Singh,Abhai Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Vivek Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioners; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel and Shri Vivek Kumar Singh, learned counsel for Union of India.

¶2Present writ petition has been preferred for following reliefs:- "(i) Issue a writ of mandamus directing the respondents not to install the tower and line over the petitioner's plots until they determine and pay the compensation to petitioners in respect of land for installing the tower and the land affected under transmission line.

(ii) Issue a writ of mandamus commanding the respondents to decide the petitioners application for payment of compensation in respect of land taken for construction of tower and transmission line within any stipulated period as this Hon'ble Court may deem fit and proper in circumstances of the case."

¶3It is alleged that the land in question belongs to petitioners and the respondents without acquiring or paying compensation are proceeding with the erection of transmission line over the land of the petitioners.

¶4The claim of the petitioners has been opposed by learned counsel for respondents.

¶5In Deva Raj Vs. U.P. State Electricity Board, Lucknow & Ors., AIR 1977 Allahabad 452, a Division Bench of this Court had examined the provisions of Section 51 of the Indian Electricity Act, 1910, which is similar to the provisions of Section 164 of the Electricity Act, 2003 and observed that in view of the notification issued by the State Government under Section 51 of the 1910 Act read with Section 10 of the Telegraphs Act, the respondents have the power to instal the towers on the land owned by a person.

¶6Similarly the Madras High Court, in E. Venkatesan & Ors. Vs. Chairman, Tamil Nadu Electricity Board, Madras & Ors., AIR 1977 Madras 64 while dealing with the powers under Section 51 of the Act of 1910, also observed :- "From the above settled position of law, it is clear that when the Electricity Board exercises power under Section 51 of the Electricity Act read with Section 10 of the Telegraphs Act, they are not acquiring any land. They are only making use of the land for the purpose of laying electricity lines for which full compensation is given for the damage caused. It is also clear therefrom that no notice is required to the owner before laying the poles or constructing any tower, nor any consent is required from them."

¶7This Court, in Writ C No.29995 of 2016 (Pooran Singh and 30 others vs. State of UP and 3 ors) decided on 5.7.2016, has observed that the construction of transmission power service lines cannot be stopped for want of payment of compensation. However, an appropriate direction can be issued to the competent authority for determining the compensation in accordance with law and pay the same to the tenure holders over whose land the towers are being erected.

¶8We accordingly dispose of this petition, with liberty to the petitioners to move an appropriate application before the concerned District Magistrate with regard to their claim alongwith certified copy of this order and other supported materials, whereupon the District Magistrate shall pass appropriate orders on the claim of the petitioners in accordance with law within three months from the date of production of a certified copy of this order. Order Date :- 16.10.2023 SP/ High Court of Judicature at Allahabad