Joginder Singh v. Union Of India And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.22750 of 2016.

Date of Decision: November 04, 2016 Joginder Singh ......Petitioner versus Union of India and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: MsArti Kataria, Advocate, for Mr.Dilpreet Singh Gandhi, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The petitioner is a resident of village Kadgill, District TarnTaran. The Power Grid Corporation of India has installed 400 KV D/C Circuit Twin Moose Transmission Line through his agricultural fields described in para No.9 of the writ petition. He alleges that after utilization of his land, a notice dated 11.06.2016 (P-2) was served on him in which his right to claim compensation for the damage caused due to the trees which have been felled on the standing crop (as per the norms of Revenue Department) has been acknowledged. He further alleges that not only his crop was damaged or trees felled, his agricultural land has been rendered useless due to high voltage transmission line passing through it.

The site plan showing the lay out of high tension wire has also been appended to indicate that the petitioner's land falls on both sides of the transmission line Mohinder Kumar Kamboj 2016.12.13 12:15 I attest to the accuracy and integrity of this document Chandigarh and thus immense damage to the productivity of his land has been caused.

CWP No.22750 of 2016 [2] The petitioner further alleges that neither the compensation was assessed as per the norms of Revenue Department nor it has been paid to him even for the land which stands utilized by the Power Grid Corporation. Having heard learned counsel for the petitioner and keeping in view the contents of notice dated 11.06.2016 served upon his behalf, it does appear that in the event of utilization of the petitioner's land by Power Grid Corporation, he might be entitled to the compensation to be assessed in accordance with law. Similarly, the petitioner would be further entitled to compensation for the felled trees and the damage caused to the standing crops, if any. Such loss/damages and consequential compensation is required to be assessed by the authorities as early as possible.

We thus dispose of this writ petition without expressing any views on merits of the claim, with a direction to respondent Nos.2, 4 & 5 to treat this writ petition as a claim-representation on behalf of the petitioner and determine the same in accordance with law as early as possible but not later than four months from the date of receiving a certified copy of this order. The petitioner is directed to deposit three copies of this writ petition with the Registry to be forwarded to the respondents alongwith a copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE November 04, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.12.13 12:15 I attest to the accuracy and integrity of this document Chandigarh