Smt. Sharmila Devi v. The Union Of India And ORS

Patna High Court CWJC No.8129 of 2015 dt.25-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8129 of 2015 =========================================================== Smt. Sharmila Devi Wife of Sri Sudama Prasad, Resident of Village - Tungi, P.S.- Deep Nagar, District- Nalanda, at present C/o Smt. Sudha Sinha, VillageKasimchak , Post- Mahanandpur, P.S.- Deep Nagar , District- Nalanda, Pin Code803101. .... ...... Petitioner

Versus

1. The Union of India, through the Secretary, Energy Department, New Delhi.

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

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

4. The Executive Director, Regional Officer, Power Grid Corporation Of India Limited , New Delhi.

5. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

6. The Chief Manager, Power Grid Corporation of India Limited, Sub Station Biharsharif , Nalanda.

7. The District Magistrate, Nalanda at Biharsharif.

8. The Sub- Divisional Officer, Sub-Division, Biharsharif, District- Nalanda.

9. The Circle Officer, Biharsharif Circle Office, District- Nalanda. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dhirendra Kumar Singh, advocate. For the Respondents : Ms. Deepanjali Gupta, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-10-2018 The present writ petition has been filed for a direction to the respondents to change the Path and Position of wire of High Tension 400 KV Transmission Line crossing through Plot No. 44, Khata No. 11, measuring an area of 6 Decimals under Mauza- Kasimchak, Police Station- Deep Nagar, Anchal- Biharsharif-1, which is covered by boundary wall for making construction of residential house of the petitioner.

Patna High Court CWJC No.8129 of 2015 dt.25-10-2018

2. Learned counsel for the parties are in agreement that the issues in the present writ petition now stand resolved in view of the judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases, inter alia, observing in paragraph-21 of the said judgment that the Telegraph Authority would be obliged to pay full compensation to all persons interested for any damage sustained by them. It has further been observed in paragraph-26 of the judgment that the appropriate course of action is to file a Suit before the concerned District Judge for the purpose.

3. In the above view of the matter and with the consent of all the parties, the writ petition stands disposed of in the light of the aforesaid judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.10.2018 Transmission Date N.A.