Shiv Kumar Gautam v. The Chief Managing Director Bihar State Power Transmission Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14911 of 2015 =========================================================== Shiv Kumar Gautam son of Uma Kant Choudhary resident of village Rasidpur P.S. Bachwara, District Begusarai.

.... .... Petitioner/s

Versus

1. The Chief Managing Director Bihar State Power Transmission Company Ltd. Vidyut Bhawan, Bailey Road, Patna.

2. The G.M. cum Chief Engineer Bihar State Power Transmission Company Ltd. Transmisstion Zone Bhikhanpura District Muzaffarpur.

3. The Executive Engineer Bihar State Power Transmission Company Ltd. Transmission Circle Mohanpur Khanpur District Samastipur.

4. The Assistant Executive Engineer Bihar State Power Transmission Company Ltd. Transmission Circle Dalsingsarai, Samastipur.

5. M.S.K. Ram Chandran Rao, Transmission Project Pvt. Ltd. Chamber No. 305 B Block Kaushal Tower Khodarabad Hyderabad.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar For the Respondent/s : Mr. Vinay Kirti Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-10-2018 The present writ petition has been filed for a direction to the respondent authorities restraining them from installing Tower and high tension wires over it at his residential land in village Rasidpur, P.S. Bachwara, Tauji No. 5897, Thana no. 6, District - Begusarai having an area of 11 Katha 13 Dhur though which Bachwara and Dalsingsarai Kusheshwar Asthan Transmission Line is going to be constructed.

2. Learned counsel for the parties are in agreement that the issue in the present writ petition now stand resolved in view of the

Patna High Court CWJC No.14911 of 2015 dt.10-10-2018 2/2 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) N.H./- Chandran AFR/NAFR NAFR CAV DATE N/A Uploading Date11-10-2018 Transmission Date N/A