Banshiram v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1721 of 2017

1. Banshiram, S/o Shri Sonsai Aged About 52 Years R/o Village Rakshapali, Tahsil And Police Station Kharsia, District Raigarh, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Energy Department, Mahanadi Bhawan, Capital Complex, Mantralay, Naya Raipur, District Raipur, Chhattisgarh.

2. Powergrid Corporation Of India Ltd. Office- Kutub Institutional Area, Katwaria Saray, New Delhi.

3. Managing Director, Chhattisgarh State Electricity Production/transmission/distribution Company Maryadit, Danganiya, Raipur.

4. Executive Director, Power Grid Corporation Ltd., C. S. I. D. C. Commercial Complex Ring Road, No. 1, Mahadev Ghant Road, Raipur, Chhattisgarh.

5. The Chief Engineer, Power Grid Corporation Of India Ltd. S. K. S. Power Generation, Darramuda, Tahsil And P. S. Kharsia, District Raigarh, Chhattisgarh.

6. Collector, Raigarh, District Raigarh, Chhattisgarh.

7. Sub Divisional Magistrate ( Revenue ) Sub Division- Kharsai, District Raigarh, Chhattisgarh.

---- Respondents For Petitioner :

Shri Jeet Patel, Advocate For State :

Shri A.S. Kachhawaha, Dy. Advocate General S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/06/2017 Heard.

1. The grievance of the petitioner is that even though respondents No. 2, 3, 4 & 5 have proceeded to install tower for sustaining high tension electricity line, the compensation to which the petitioner is entitled has not been paid to him. It is submitted that the petitioner had submitted a representation to the Sub Divisional Officer on 12.4.2017, but till date the compensation has not been paid.

-22. Where a person's land is used for installation of towers for sustaining overhead electric lines, the Law require payment of proper compensation as provided under the Works of Licensees Rules, 2006 (in short "the Rules"). It is unfortunate that the petitioner, who is a villager and agriculturist, has remained deprived of compensation and a tower has already been erected. The respondent No.6-Collector is the competent authority to deal with the matter under the Rules of 2006. On petitioner's submitting a representation before the Collector, it shall be the duty of the Collector to ensure that the petitioner is awarded proper compensation without further loss of time. Within a maximum period of 90 days, the compensation should be awarded to the petitioner, failing which, the petitioner would be at liberty to revive the petition.

3. The petition is accordingly finally disposed off with the observation and direction as above.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen