M/S ULTRATECH CEMENT LIMITED v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIC/5052/2025 · 2025-03-10
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20484 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20484 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35501-DB Court No. - 40 Case :- WRIT - C No. - 5052 of 2025 Petitioner :- M/S Ultratech Cement Limited Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Kalpana Sinha,Sr. Advocate,Utkarsh Srivastava Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Utkarsh Srivastava, learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondents and Sri Pranjal Mehrotra, learned counsel appearing on behalf of respondent No.3. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is praying for the following substantial reliefs:
"i) Issue appropriate writ, order or direction in the nature of mandamus restraining the Respondent nos. 2 and 3 from carrying out any activity towards construction of the proposed 132 KV Over Head Dalla ACC Salai Banwa Line on the leased land of the petitioner; ii) In the alternative to relief clause (i), Issue appropriate writ, order or direction in the nature of mandamus directing the respondents authorities to carry out a spot inspection to determine the extent of damage likely to be caused by constructing proposed 132 KV Over Head Dalla ACC Salai Banwa Line and pay the compensation to the petitioner after determination of the same.;"
3. Counsel appearing for the respondent No.3 submits that he has been informed that the District Magistrate concerned shall be dealing with the objections made under Section 16 of the Indian Telegraph Act, 1985 (hereinafter referred to as "the Act"). 4. Counsel appearing for the petitioner seeks leave to file objections before the District Magistrate concerned. 5. Keeping in mind the principles of natural justice, we are of the view that the petitioner should be allowed to file its objections before the District Magistrate concerned. 6. Accordingly, the petitioner is directed to file its objections before the District Magistrate concerned within seven days from date. Once the objections are filed, the District Magistrate concerned is directed to fix a date for hearing to the petitioner and the respondent No.3 and after hearing both the parties, the District Magistrate may pass a reasoned order under Section 16 of the Act. 7.
We make it clear that till the order is passed by the District Magistrate concerned, the work being carried out by the respondent authorities shall remain in abeyance. 8. With the aforesaid directions, the writ petition is disposed of. Order Date :- 11.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad