Mahendra Rathod v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 3416 of 2018

1. Mahendra Rathod, S/o. Late Shri Keshavji Rathod, Aged About 65 Years.

2. Toshan Rathod, S/o. Late Shri Keshavji Rathod, Aged About 67 Years.

3. Bhupendra Rathod, S/o. Late Shri Keshavji Rathod, Aged About 63 Years.

4. Kushal Rathod, S/o. Late Shri Keshavji Rathod, Aged About 60 Years.

5. Hemant Rathod, S/o. Late Shri Keshavji Rathod, Aged About 57 Years. All are R/o. Station Road, Mahasamund, District Mahasamund Chhattisgarh.

6. Bharat Rathod, S/o. Basant Rathod, Aged About 50 Years, R/o. Station Road, Mahasamund, District Mahasamund, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh, Through The Secretary, Government Of Chhattisgarh, Department Of Energy, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh.

2. Chhattisgarh State Power Transmission Company Limited, Through Its Executive Engineer, EHT (Construction) Division CSPTCL, Gudhiyari, Raipur, Chhattisgarh

3. M/s Tech Support Infrastructure Pvt. Limited, Dubey Complex, Main Road, Singrauli, Madhya Pradesh.

4. East Coast Railway, Through Its General Manager, 3rd Floor, South Block Rail Sadan, Mancheswar, Bhuvneshwar (Oddisa).

5. The Collector/ District Magistrate, Mahasamund, District- Mahasamund, Chhattisgarh.

6. Department Of Town And Country Planning, Through Its Assistant Director, Mahasamund, Chhattisgarh.

---- Respondents For Petitioners :

Mr. Siddharth Rathod, Advocate For State/Respondent :

Mr. Rahul Jha, Govt. Advocate No.1, 5 & 6.

For Respondent No.2 :

Mr. Raja Sharma, Advocate For Respondent No.4 :

Mr. Abhishek Sinha with Mr. Vaibhav Maheshwari, Advocates Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.05.2019 1.

Learned counsel for the petitioners submits that the electricity line are being installed over the land of the petitioners without obtaining any permission under Section 10 of the Indian Telegraph Act, 1885, as the area has been

notified for Mahasamund Development Plan of 2013 by the respondent No.6. He further submits that the petitioners may be allowed to raise all the objection before the District Magistrate so that his objection may be decided alongwith the quantum of compensation.

2.

In view of the above, the petitioners are given liberty to make an application to the respondent No.2, Chhattisgarh State Power Transmission Company Limited, who are installing the electric line so that the compensation may be accordingly paid to the petitioners as per the latest circular of the State. It is further directed that the application if so preferred, the same shall be decided within a period of three months from the date of its presentation. 3.

With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashok