Ramchandra Laxman Jagdale v. Wrsr Power Transmission Ltd Throu. Sanjivkumar Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by TRUSHA TUSHAR MOHITE Date:
2025.08.11 14:42:23 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE WRIT PETITION NO.7370 OF 2025 Ramchandra Laxman Jagdale .. Petitioner
Versus
WRSR Power Transmission Ltd. & Ors.
.. Respondents Mr.Harsh Dedhia a/w Mr.Aayush Yadav, Advocate for the Petitioner. Ms.Kavisha Shah a/w Ms.Shweta More, Advocate for the Respondent No.1.
Ms.S.D.Vyas, Addl.G.P. a/w Ms.P.J.Gavhane, A.G.P. for Respondent/State
CORAM:
B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.
DATE:
P. C.
1.
The above Writ Petition is filed to quash and set aside the Notice / Amended Table of compensation dated 12th December 2024 issued by Respondent No.1. Further, a relief is sought against Respondent No.3 directing him to comply with the G.R. issued by the Department of Industry, Energy and Labour, Maharashtra Government bearing No.2021/170/Energy4 dated 1st December 2022. The other relief sought is to direct Respondent
No.3 to calculate and intimate the compensation of fruit trees which will be damaged on the plot of the Petitioner in accordance with the provisions of the G.R. dated 1st December 2022 referred to above. 2.
It is the case of the Petitioner that he is the owner of agricultural plots bearing survey Nos.717, 718, 719 and 720 admeasuring approx. 0.4o Hectare. According to the Petitioner, he is a farmer and the said land is under cultivation.
3.
It appears that Respondent No.1 has been given a work order of erecting a 765 KV Electricity Transmission Tower which is to be situated on the land of the Petitioner. The Petitioner came to know that the said electricity lines are passing through his lands in December 2024. Accordingly, on 30th December 2024, the Petitioner made a request to relocate the Transmission Tower. That was not acceded to as the same was not possible.
4.
Be that as it may, a panchnama was carried out on the land of the Petitioner on 13th March 2024 for the purpose erecting the Transmission Tower. The Petitioner was not present at that time. The Petitioner thereafter, filed the present Writ Petition.
5.
In this Petition, an order was passed on 7th April 2025 wherein it was directed that a fresh panchnama be drawn undertaking a proper survey of the land alongwith photographs of the trees which are standing on the said land. Any other structure, building etc. existing on the land should also form part of the panchnama, was the order passed by this Court. 6.
Accordingly, in compliance of the said order, on 7th April 2025 itself, Respondent No.2 addressed a letter interalia calling upon all concerned persons, including the Petitioner, to remain present at the concerned site, namely, the Petitioners land, on 8th April 2025 at 4 p.m. Despite this, the Petitioner refused to remain present on 8th April 2025. Accordingly, the representatives of the Respondent No.1, the Agricultural Officer, and the Talati were present on the site for the purpose of the survey. On 8th April 2025 at 4 p.m., a fresh survey was carried out on the land of the Petitioner as well as the crops standing thereon and a panchnama was drawn. After this panchnama, on 11th April 2025, Respondent No.1 submitted the same to the Sub-Divisional Magistrate, Phaltan for carrying out the valuation of the land as demarcated under the panchnama for all the locations in the Palthan Tehsil in accordance with the G.R. dated 1st December 2022. In fact, on 5th June 2025, the Office of the SDMO, issued a letter directing payment of the
crop compensation payable to the Petitioner on the basis of the panchnama/survey carried out by the Agricultural Officer and the calculation submitted by him to the Office of Respondent No.2. 7.
When one looks at all these facts, which we have gathered from the Petition and also from the Reply filed on behalf of Respondent No.1, we find that there is no requirement to entertain the above Writ Petition. From the Reply filed by Respondent No.1, we find that not only is the compensation for the crops been determined and which would have to be paid to the Petitioner but even the valuation of the land as demarcated under the panchnama is in progress.
8.
The learned Advocate appearing on behalf of Respondent No.1 has in fact stated that once this valuation is done, and they are called upon to pay the amount, they will do so immediately. Once this is the case, we find that there is no reason to entertain the Writ Petition. The Writ Petition is accordingly dismissed. We however, make it clear that in the event any of the parties are aggrieved by the quantum of the compensation awarded, they are free to take such steps as they are entitled into in law.
9.
Now that the Writ Petition is dismissed, Respondent No.1 is free to carry out and complete the construction of the Transmission Tower. The Petitioner shall make sure that he shall not cause any hindrance to the said construction.
10.
This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]