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2019 DIGILAW 422 (JHR)

Nakul Mahto v. State Of Jharkhand

2019-02-11

SUJIT NARAYAN PRASAD

body2019
JUDGMENT Sujit Narayan Prasad, J. - This writ petition is filed under Article 226 of the Constitution of India for issuing direction upon the respondents not to cross the high transmission line of 1,32,000 volt over the roof of the residential house of the petitioners bearing Khata No.26, Plot No.389. 2. It is the case of the petitioners that the construction of the aforesaid high transmission line is decided to be made over the land in question, and therefore, this writ petition has been filed. 3. Respondent no.4 has filed counter affidavit wherein at paragraph 7 it has been stated that the construction of electricity line work was done at Dumria Tand at the distance of 500 meters from the land of the petitioners and further no pole/tower will be constructed on the land of the petitioners and even thereafter the petitioners are agitating the local persons to disturb the construction work, however, prior to that a settlement has been arrived in between the sons of the petitioner No.1 in a proceeding under Section 107 of the Code of Criminal Procedure being M.P. Case No.802 of 2018 and there they have consented for the said construction and referring back to the same, this writ petition has been filed. 4. Learned counsel for the State is present. 5. Having heard the learned counsel for the parties and after appreciating their rival submissions it is evident that the prayer made in this writ petition is for restraining the respondents not to cross the electricity line of 1,32,000 volt over the roof of the petitioners'' residential house. 6. It is evident from the stand taken by the respondent No.4 in the counter affidavit that at the time of construction, a settlement has been arrived in proceeding under Section 107 of Code of Criminal Procedure being M.P. Case No.802 of 2018 where the parties have agreed for the aforesaid construction. 7. It is further evident from paragraph 7 of the counter affidavit that the specific statement has been made to the effect that the distance of the high transmission wire is 500 meters far away from the land of the petitioners which is as per the norms provided under the Electricity Act, 2003 and undertaking has been given that the same will not cross over the residence pertaining to the petitioner. 8. 8. This Court thinks it proper to quote paragraph 7 of the counter affidavit hereinbelow:- "That It is stated and submitted that the construction of electricity line work was being done at Dumria Tand at the distance of 500 meters from the land of the petitioners and it is pertinent to mention here that no any pole/tower will be constructed on the land of the petitioners inspite of this the petitioners are agitating local persons to disturb the construction work." 9. Learned counsel for the petitioners has submitted that in view of the statement made at paragraph 7 of the counter affidavit, the writ petition may be disposed of. 10. In view thereof, considering the stand taken by the respondent at paragraph 7 as quoted hereinabove, since the respondent have stated that the distance in construction of aforesaid wire over the land of the petitioners is 500 meters and have also undertaken that the High Voltage line will not cross over the residence of the petitioners, the writ petition is disposed of.