Tara Devi Shaw v. Power Grid Corporation Of India Limited And ORS.

06.05.2024 rc/ct.no.10 Item No.24 WPA No. 13144 of 2022 Tara Devi Shaw

Versus

Power Grid Corporation of India Limited & Ors. Mr. Sambhunath De Mr. Ranjit Kumar Ghosh ...for the petitioner Mr. Piyush Chaturvedi Mrs. Maitree Roy ...for the Respondents Affidavit of service filed in Court today is taken on record.

The petitioner is aggrieved by the fact that the respondent authorities have drawn high voltage transmission line through a portion of her property without issuing any notice upon her. The property has been damaged and no compensation has been paid to the petitioner for the same. The petitioner submitted a representation in this regard before the concerned authority on February 23, 2022 followed by a further representation by her learned counsel on March 31, 2022 pursuant to which the respondent authorities, by a letter issued on April 13, 2022, requested the petitioner to demarcate the land with the help of a local surveyor as per land documents upon prior notice to the authority. Learned counsel for the petitioner submits though such demarcation has been done by the authority, her representation is yet to be considered.

Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the petitioner submits that demarcation of the utilised land has been made by the respondent authorities, the authority being respondent no. 7 herein be directed to consider and dispose of the representation submitted by the petitioner within one month from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The petitioner is at liberty to produce all relevant documents before the authority at the time of hearing. The authority is at liberty to demarcate the utilised portion of the land further, if so required.

With the above observations and directions this writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)