Research › Search › Judgment

Calcutta High Court · body

2004 DIGILAW 300 (CAL)

SUKDEB DAS v. KUMARI SAMANTA

2004-04-28

A.K.MATHUR, ASHIM KUMAR BANERJEE

body2004
( 1 ) WE have heard the learned Counsel for the parties and perused the impugned order dated 18. 2. 2004. ( 2 ) THE learned Counsel for the appellants submits that the respondent/writ petitioner No. 1 is not the owner of the land comprising plot No. 547 of Mouza kakharda and she is only the owner of 1 dec. of land out of this plot and there are other owners of the said land. ( 3 ) BE that as it may we direct that in case the respondent/writ petitioner no. 1 does not give her consent for drawing the power line then the power line cannot be drawn over the land of the respondent/writ petitioner No. 1. However it will be open for the appellant/state Electricity Board to draw transmission line from the plot of others with their consent and in accordance with law. ( 4 ) WITH the above observations the application for stay and the appeal treating the same as on day's list stand disposed of. ( 5 ) NO order as to costs. Appeal disposed of.