SHYAMWATI v. POWER GRID CORPORATION OF INDIA LTD. AND 2 OTHERS
WRIC/30846/2025 · 2025-09-11
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
body2025
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[ 2025 DAILYLAW 91966 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 91966 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30846 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J.
1. Mr. Shyam Babu Vaish, learned advocate, appears on behalf of petitioner and submits, the transmission company is seeking to erect tower upon demolishing his client's house. Annexed are photographs to show demolition and ongoing work for erection of the tower. No compensation or damages have been paid. His client made representation dated 21st August, 2024, which has not been considered.
2. Mr. Pratik J. Nagar, learned advocate, appears on behalf of respondent nos. 1 and 2 (the transmission company). Mr. G.C. Tiwari, learned advocate, Standing Counsel appears on behalf of respondent no.3 (the District Magistrate).
3. Mr. Nagar disputes submissions made on behalf of petitioner. On query he submits, the representation will be dealt with by respondent no.2. He relies on view taken by a Division Bench of this Court on judgement dated 23rd May, 2025 made in Civil Misc. Writ Petition no. 12360 of 2025 (Antram Goyal v. Power Grid Neemrana Bareilly), paragraph nos. 7 to 9. Paragraph-9 is reproduced below.
“9. In light of the same, we hold that the District Versus Counsel for Petitioner(s) : Shyam Babu Vaish Counsel for Respondent(s) : C.S.C., Pratik J. Nagar Shyamwati .....Petitioner(s) Power Grid Corporation Of India Ltd. And 2 Others .....Respondent(s)
Magistrate is not required to pass an order under Section 16(1) of the Act in every case where a person, on whose property the transmission line is being laid, raises an objection or files a representation before the District Magistrate. We are of the view that the District Magistrate is only required to pass an order under Section 16(1) when the Telegraph Authority refers a particular matter to the District Magistrate for passing an order therein.”
4. Petitioner will communicate certified copy of this order along with copy of his representation to respondent no.2. Said respondent is to consider the representation in accordance with law and pass order thereon, to be informed to petitioner, within three weeks of communication.
5. The writ petition is disposed of. September 12, 2025 MN/- WRIC No. 30846 of 2025 2
(Arindam Sinha,J.)
(Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad