Rajeshwar Singh And ANR v. The Power Holding Company And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3301 of 2016 ======================================================

1. Rajeshwar Singh Son of Sri Ramdeo Singh

2. Lav Kumar Singh Son of Rajeshwar Singh Both are residents of Village - Bariya, P.O. - Motihari, P.S. - Chhoari, Distt. East Champaran. .... .... Petitioners

Versus

1. The Power Holding Company through it's Managing Director, Patna.

2. The Power Link transmission Ltd. through Managing Director, Patna.

3. The Senior Manager, power Link Transmission Ltd., Bela, Muzaffarpur.

4. The State of Bihar through Collector, Muzaffarpur.

5. The District Magistrate, Muzaffarpur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar Singh, Adv. For the Respondent/s : Mr. Vinay Kirti Singh, Sr.Adv. For Power Link Transmission Ltd.: Mr. Harendra Kr. Tiwari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02-02-2017 Mr. Amarendra Kumar Singh, learned counsel for the petitioners, Mr. Vinay Kirti Singh, learned Senior Counsel for the Holding Company, Mr. Harendra Kumar Tiwari, learned counsel for the Power Transmission Company Ltd. and the learned counsel for the State are present.

The petitioner while praying for removal of the electric wire stated to be running over his residential land also prays for payment of compensation amount.

The law in this regard now stands settled in the judgment of the Supreme Court in the case of the Power Grid Corporation of India Ltd. vs. Century Textiles & Industries Ltd. & ors., arising out of Civil Appeal No. 10951/2016 and analogous cases.

Patna High Court CWJC No.3301 of 2016 (2) dt.02-02-2017 The similar issue having been raised before the Supreme Court, the Supreme Court without interfering with the right of Power Companies for such installation has granted liberty to the land holders to approach the District Judge for payment of compensation.

In view of the liberty so granted to the land holders present at paragraph 26 of the judgment of the Supreme Court, this writ petition stands disposed of accordingly with a liberty to the petitioner to approach the District Judge for the relief prayed herein, if so advised.

(Jyoti Saran, J) Surendra/- U