P. Raja Reddy v. Power Grid Corp. Of India

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.13604 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking verbatim the following relief/s: "..to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring: i) the action of the respondents in layed High Tension Lines and Towers in the agriculture lands of the Petitioners in Sy.No.1313, 1312/17, 378/2, 378/3 (Thamsa village) 145/ ,146/, 147/ , 172/ ,(Sirgapur village) 375/ , 1331/ , 1329/1, 1243, 94/3, 1331/ , 182, 1327/1, 1252, 1261, 165, 167, 198/ , 703/ , (Chityal village) 995, 1032, 1031 and SyNo.1033 of Chityal, Sirgapur, Soan, Kalwa and Mayapur village limits, Dilwarpur and Nirmal Mandal, Nirmal District. The petitioners are farming the lands by raising wet and dry crops and eking out their livelihood. The petitioners have no other source of income and have no skills other than agriculture without consent of the Petitioners and without fixing compensation or annual rent or both to the petitioners.

ii) the action of the respondent no.4 in not fixing compensation for the deprivation of land, line corridor, diminishing value of the land and crop/tree damages in accordance with the provisions of Electricity Act, 2003 and Work of Licensee Rules, 2006, A.P. Work of Licensee Rules, 2007 made under the Act and Guide Lines dated 15.10.2015 issued by the Respondent No.2 as arbitrary, illegal and violative of Art.14, 21 and 300-A of the Constitution of India besides violation of Principles of Natural Justice and iii) consequently direct the respondents to pay the compensation to the petitioners by considering the representation dated 19.06.2017 made to the Respondent No.4 in accordance with the provisions of Electricity Act, 2003, Work of Licensee Rules, 2006, A.P. Work of Licensee Rules, 2007 made under the Act and guide lines dated 15.10.2015 issued by the respondent no.2 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

At the hearing, learned counsel for both the sides are in agreement that the issue involved in this writ petition is squarely covered

by the order, dated 12.02.2018 in W.P.No.1803 of 2018. A copy of the said order is placed on record.

Having regard to the facts & submissions, the Writ Petition is disposed of directing the 4th respondent to verify the representation, dated 19.06.2017, said to have been submitted by the petitioners herein and pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order in strict accordance with law. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. __________________________ M. SEETHARAMA MURTI, J 26.04.2018 Vjl