Neutral Citation No. - 2025:AHC:80442-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.38) Court No. - 21 Case :- WRIT - C No. - 13358 of 2025 Petitioner :- Smt. Ameerjahan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners have prayed for quashing of a communication dated 7.4.2025 by respondent no. 4 to the petitioners in connection with their claim for compensation in terms of order of this Court dated 10.3.2025 in Writ – C No. 6115 of 2025. The said writ petition was filed by the petitioners for restraining the respondents from installing second tower of 220 KV Meerut - Gajraula Line over their land comprising of Khata Khatauni No. 409, area 1.213 hectare and for payment of compensation for the said land and also for the land covered by the first tower erected in the year 2010. The writ petition was disposed of by holding that the petitioners cannot obstruct the installation of the tower and electricity line, but only entitled to compensation. Accordingly, the Court while disposing of the writ petition vide order dated 10.3.2025, granted liberty to the petitioners to make representation before the concerned Authority for payment of compensation and which would be decided by the Competent Authority by a reasoned order after granting opportunity of hearing to the petitioners. 2. In terms of the same, the petitioners made representation for grant of compensation to them. Respondent no. 4 in the impugned communication stated that in the year 2010, two electricity towers Nos. 98 and 99 were installed with the consent of the petitioners. Now, in their place, only one tower at a different part of the land of the petitioners is proposed. It is stated that since the petitioners have been cultivating their land even after installation of the towers, therefore, they would not be entitled to any compensation. In respect of the proposed new tower, it is stated that the petitioners would be entitled to compensation and the power to determine compensation is with the District Magistrate. 3. Learned counsel for the petitioners submits that even if it is assumed that the petitioners did not object to the installation of towers, the consent was for installation of tower and would not amount to waiver of the right to receive compensation. 4. Sri Pankaj Kumar Shukla, learned counsel appearing on behalf of U.P. Power Transmission Corporation Limited has placed on record a communication received from respondent no. 4 dated 5.4.2025, in which the stand taken is that the petitioners should file their claim for compensation before the District Magistrate. Sri Pankaj Kumar Shukla submits that he has no objection in case the District Magistrate is permitted to determine compensation in accordance with law. 5. In our considered opinion, even if it is assumed that the petitioners have continued to use their land for agricultural purposes, the same could not be a ground to deny compensation. As learned counsel for respondent no. 4 has submitted that all the aforesaid issues be permitted to be decided by the District Magistrate, therefore, we dispose of the instant petition by providing that the District Magistrate would decide the claim of the petitioners without being influenced by the stand taken by respondent no. 4 in the impugned communication dated 7.4.2025. At best, it could be taken to be the stand of the Department and the determination of the claim would be made by the District Magistrate on basis of the extant guidelines, strictly in accordance with law. Order Date :- 15.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad