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2025 DAILYLAW 55750 (ALL)

Dhananjay Kumar Srivastava v. Uttar Pradesh Power Corporation Limited Managing Director and 2 others

WRIC/35696/2023 · 2025-08-20

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:144182-DB Court No. - 39 Case :- WRIT - C No. - 35696 of 2023 Petitioner :- Dhananjay Kumar Srivastava Respondent :- Uttar Pradesh Power Corporation Limited Managing Director And 2 Others Counsel for Petitioner :- Dr. Vishnu Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Dr. Vishnu Pandey, learned advocate appears on behalf of petitioner and submits, his client sought intervention by this Court on moving the writ petition but adjournments compelled him to approach the Supreme Court. On order dated 28th February, 2025 his client's Special Leave Petition (SLP) was disposed of as withdrawn on granting liberty. Text of the order is reproduced below. "1. It is stated at the Bar at this point in time, the petitioner seeks liberty to withdraw the present petition to enable him to request the High Court for early listing of the matter and disposal thereof on expeditious basis. Prayer allowed. 2. Further liberty, as prayed for is granted, approaching this Court, should the matter be not heard within next six months. 3. The Special Leave Petition is disposed of as withdrawn with liberty as sought for." 2. He submits, the distribution company installed the transmission tower, taking advantage his client not being able to move his petition and obtain interim protection. Pursuant to his client informing that the Supreme Court had given liberty to his client pray for early hearing before this Court, they issued order dated 29th July, 2025 of nominal compensation without taking into consideration the affected area. He reiterates, the transmission tower was wrongfully set up and without making satellite survey. He seeks intervention for direction of removal of the transmission tower, failing which assessment of actual compensation and disbursement. 3. Sri Krishna Mohan Mishra, learned advocate, Additional Chief Standing Counsel appears on behalf of respondent nos. 1 and 3 (State). 4.Sri Pankaj Kumar Shukla, learned advocate appears on behalf of respondent nos. 2 and 4 (the distribution company). He submits, compensation order has been made. The writ petition, therefore, has lost its force. On observations and query made he submits, his client will re-assess on compensation and pass appropriate order, including for disbursement. 5. In the circumstances of petitioner unable to move the writ petition, compelling him to approach the Supreme Court, we think fit to mould the relief, to direct compensation order dated 29th July, 2025 be set aside and quashed. Petitioner will communicate certified copy of this order to respondent no.4, for expeditious assessment of the claim for compensation, award in accordance with law and the rules and disbursement, within four weeks of the communication. For the purpose petitioner be noticed to assist in the assessment by disclosing relevant document. 6. The writ petition is disposed of. Order Date :- 21.8.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad