Rajesh Pandey @ Rajesh Kumar Pandey v. The Power Grid Corporation Of India Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9218 of 2020 ====================================================== Rajesh Pandey @ Rajesh Kumar Pandey Son of Sri Rama Nand Pandey Resident of Village-Kharidaha, P.S. Bheldi, District Saran at Chapara. ... ... Petitioner/s

Versus

1.

The Power Grid Corporation of India Limited through its Chief Managing Director New, Delhi.

2.

The Project Director Power Grid Corporation of India Limited, New Delhi. 3.

The Executive Director, Regional Office Power Grid Corporation of India Limited, Patna.

4.

The Chief Engineer Power Grid Corporation of India Limited Saran at Chapara.

5.

The State of Bihar. Bihar 6.

The District Magistrate Saran at Chapra 7.

The Superintendent of Police Saran at Chapra. 8.

The Sub Divisional Officer Sadar Chapra.

9.

The Circle Officer Amnour District Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sharma, Advocate For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 17-11-2021 The petitioner has preferred this writ petition seeking to restrain the respondents from laying down high tension electric transmission lines over the residential house of the petitioner.

At the outset, a query has been put to the petitioner about the ratio of the judgment in the case of Power Grid

Patna High Court CWJC No.9218 of 2020(3) dt.17-11-2021 2/2 Corporation of India vs. Century Textile reported in 2017(2) PLJR SC 152. He fairly agrees that the ratio of the said judgment is applicable to the facts of the present case. He, however, submits that he is entitled to compensation as per law and in case the petitioner is able to make out his case, he would be entitled to get compensation as per law which is not disputed by the learned counsel appearing for the respondents. This writ petition is disposed off with liberty to the petitioner to approach the appropriate authority for seeking compensation.

In case any application/petition for compensation is filed, the concerned authority shall endeavour to decide the same as expeditiously as possible.

(Rajan Gupta, J) S.Sb/- ( Mohit Kumar Shah, J) U