MOHD RIZWAN & ANR vs UTTAR PRADESH POWER CORPORATION LTD

Heard learned counsel for the petitioner and Sri Mohit Chandra holding brief of Sri Puneet Chandra for the Electricity Transmission Corporation. The petitioners are aggrieved on account of the occupation of their land by the respondent-Transmission Corporation where a tower has been fixed. It is urged that the land which has been occupied has caused damage not only to the standing crops but has caused permanent damage to the property of the petitioner without there being any compensation for the same. The District Magistrate while deciding the representation pursuant to the direction of High Court in W.P. No. 18503 (MB) of 2016 has indicated that loss of crops shall be duly compensated but no further directions have been given. It is, therefore, submitted that neither compensation has been paid nor the sufficiency of compensation has been considered keeping in view the permanent nature of deprivation.

Having considered the submissions raised and having heard learned counsel for the parties the tower of the Electricity Transmission Corporation under section 164 of Electricity Act to set up transmission towers. In turn section 164 refers to the provisions of Indian Telegraph Act, 1885 where the power to enter upon and fix towers is authorized and which also provides for awarding compensation. Section 16 of the Indian Telegraph Act, 1885 provides for exercise of powers for deciding disputes relating to compensation. Sub-Section (3) thereof provides that if any dispute arises concerning the sufficiency of the compensation to be paid, application for that purpose by either of the disputing parties can be moved before the District Judge within whose jurisdiction the property is situate who shall be empowered to determine the same.

In view of the aforesaid provisions so far as the payment of compensation in relation to loss of crops as already directed by the District Magistrate is concerned shall be paid over to the petitioner within three weeks of the date of presentation of the certified copy of the order before the concerned authority namely the Executive Engineer concerned who will disburse the said amount.

For the purpose of dispute relating to sufficiency of compensation on the ground of permanent deprivation it shall be open for the petitioner to raise the dispute before the learned District Judge concerned who shall be at liberty to decide the same in accordance with law. With the above directions the writ petition is Disposed off.