HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 12877/2020

Satyaveer Singh Dhaka S/o Malaram, Aged About 58 Years,

Village And Post Manota (Jatan) Jasrapur, Jasrapur Jhunjhunu
(Rajasthan) 333514
----Petitioner
Versus
1. Union Of India, Through Secretary Ministry Of Power,
Sharam Shakti Bhavan Rafi Marg, New Delhi 110001
2. Central Electricity Regulatory Commission, Through Its
Chairman, Chandralok Building, 36, Janpath New Delhi
110001
3. Chief Secretary State Of Rajasthan, Bhagwan Das Road,
Jaipur.
4. Power Grid Corporation, Through Its Chairman, Regd.
Office B-9 Kutub Institutional Area Karwaria Saray New
Delhi 110016
5. Goutam Shanti Lal, Chairman Adani Group Of Company,
Adani Corporate House Shanti Gram Near Vaishno Devi
Circle, S.g. Highway Ahmedabad (Gujrat) 382421
6. Bikaner Khetri Transmission Limited, Through Its
Chairman 400 Kv Rvpn Gss, Jaipur Road, Raisar, Bikaner
(Rajasthan) 334803
7. Adani Transmission Limited, Through Its Chairman, Adani
Corporate House Shanti Gram Near Vaishno Devi Circle,
S.g. Highway Ahmedabad (Gujrat) 382421
8. District Collector, Jhunjhunu, Rajasthan.
9. Sub. District Magistrate, Chidawa, District Jhunjhunu,
(Rajasthan)
10. Tehsildar, Chidawa, District Jhunjhunu, (Rajasthan)
11. Director General Of Police, Police Head Quarter Lal Kothi
Scheme, Jaipur 302017
----Respondents

For Petitioner(s) : Mr.Kaleem Ahamed Khan

For Respondent(s) : Mr.Jai Raj Tantia – for respondent
Nos.5,6 & 7

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

09/11/2020

Learned counsel Mr.Jai Raj Tantia, appearing for the

respondent Nos.5, 6 & 7 – contesting respondents, submits that

reply to the writ petition has been filed today.

Learned counsel for the petitioner Mr.Kaleem Ahamed Khan

submits that similar controversy came before the Coordinate

Bench of this Court in SB Civil Writ Petition No.8278/2020

(Ramji Lal Vs. Union of India & Ors.) along with other

connected writ petitions and the Coordinate Bench of this Court,

vide order dated 5th August, 2020, has disposed of the writ

petitions.
Learned counsel for the petitioner submitted that the

respondents have not paid any compensation to the petitioner and

before paying any compensation, they want to erect the towers

and lay overhead electric transmission lines in their land.

Learned counsel for the respondents submits that the

petitioner was given notice for claiming compensation, however,

he refused to respond to notice given to him and as such, no fault

can be found with the action of the respondents.

This Court finds that the Coordinate Bench of this Court has

considered the similar grievance of the land holders with regard to

not paying compensation and as such, directions have been given

in the case of Ramji Lal Vs. Union of India & Ors. (supra).

In view of the above, the present writ petition is also

disposed of in the light of directions given in the case of Ramji Lal

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Vs. Union of India & Ors. (supra) and these directions are quoted

as under :

“1.The respondents No.5 to 7 shall assess

and pay compensation to the petitioners as
per provisions of Section 10(d) of the Act
of 1885,after verifying their right in respect
of the land in question with the help of
revenue authorities before they embark
upon erecting towers and lay overhead
electric transmission lines in their land.

2.If the petitioners feel dissatisfied with the

decision of the respondents as to their
entitlement/insufficiency of compensation,
they are at liberty to approach the
concerned District Judge under Section
16(3) & (4) of the Act of 1885 for redressal
of their grievance.

3.After determination of their rights to get

the compensation and payment of
compensation by the respondents,
petitioners shall not obstruct them from
carrying out the work of erection of towers
and laying overhead electric transmission
lines.”

(ASHOK KUMAR GAUR),J

Preeti Asopa/Payal/22

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