Tuntun Yadav And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18745 of 2015 ===========================================================

1. Tuntun Yadav Son of Jaglal Yadav,

2. Ramashankar Prasad Yadav, Son of Ram Akbal Rai, Both Resident of Village Goura, P.S. Madhura, District - Saran at Chapra. .... .... Petitioners

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 Office, Power Grid Corporation of India Limited, Patna.

5. The Chief Engineer Power Grid Corporation of India Limited, Saran at Chapra.

6. The State of Bihar.

7. The District Magistrate Saran at Chapra.

8. The Superintendent of Police Saran at Chapra.

9. The Sub Divisional Officer Madhura, District Saran at Chapra.

10. The Circle Officer Madhura, District Saran at Chapra. .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Sharma, Advocate For the State : Mr. Alok Ranjan, AC to AAG 5 For the Corporation : Mr. Harendra Kr. Tiwary, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-11-2018 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the respondentCorporation.

2. The present writ petition has been filed for restraining the respondents from installing High Tension Transmission Line and the Tower through the residential house of the petitioners' land and other connected reliefs.

Patna High Court CWJC No.18745 of 2015 dt.02-11-2018 2/2

3. Learned counsel for the respondents states 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.

4. In the above view of the matter, 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) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.11.2018 Transmission Date N.A.