1 CGHC010274262026 2026:CGHC:37225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3890 of 2026 1 - Mohd. Shoeb S/o Mohd Akhtar Aged About 21 Years Resident Of Village Quarter No. 69, Police Line Bilaspur Tahsil And District - Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Department Of Revenue Mahanadi Bhawan Atal Nagar, Raipur District Raipur Chhattisgarh 2 - Executive Director Chhattisgarh State Power Distribution Company Ltd Raipur, District Raipur Chhattisgarh 3 - Collector Janjgir District Janjgir-Champa Chhattisgarh 4 - Sub Divisional Officer (Rev) Pamgarh District Janjgir-Champa Chhattisgarh 5 - Manager J.S.W. Mahanadi Power Company Ltd/ K.S Mahanadi Power Company Ltd. Nariyara Tahsil Aklatara District Janjgir-Champa Chhattisgarh 6 - The Chief Engineer Chhattisgarh State Power Distribution Company Ltd Pamgarh Division District Janjgir-Champa Chhattisgarh 7 - Sarpanch Secretary Of Gram Panchayat Chandipara Janpad Panchayat Pamgarh District Janjgir-Chapa Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Mahesh Kumar Mishra, Advocate 2 For State :- Mr. Soumitra Kesharwani, P.L. For Respondents No. 2 & 6 :- Mr. Achyut Tiwari, Advocate For Respondent No.5 :- Mr. Soumya Rai, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 19.08.2026 1. Following reliefs have been prayed in this petition:- “(i) That, the Hon'ble Court may kindly be pleased to set aside/quashed the letter/order dated 04/05/2026 issued by the respondent no.04 whereby the agriculture land of petitioner bearing khasra no. 279/1 area 0.79 acre (0.065 hectare) which is situated at village Chandipara-1, Patwari Halka No. 06 Revenue circle Pamgarh, block Pamgarh, District Janjgir- Champa (Chhattisgarh) has been proposed to be used for erection of 400 K.V. D/C transmission line /tower and also direct the respondent authorities to shift the transmission line/tower to any other place. (ii) That, the Hon'ble Court may kindly be pleased to set aside/quashed the letter dated 30/04/2026 whereby the respondent no.05 has rejected the representation of petitioner dated 01/04/2026 and denied to shift the transmission line/tower to any alternate place. (iii) That, the Hon'ble Court may kindly be pleased to issue strictly direction to the respondent authorities to consider case of the petitioner and to remove /evict illegal construction of 400 K.V. D/C. Transmission Line from Agriculture land of the 3 petitioner and to transfer 400 K.V. D/C. Transmission Line to others land from the petitioner's agricultural land, within stipulated time in the interest of justice. (iv) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to pay 200% compensation on account of damaged small agricultural land property of the petitioner before affixing 400 K.V. D/C. Transmission Line, in the interest of justice. (v) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Learned counsel appearing for the petitioner submits that the petitioner is a small agriculturist having only 0.79 acre (79 decimal) of agricultural land, which is his sole source of livelihood. It is submitted that the concerned authorities have proposed to erect a 400 K.V. D/C transmission line/tower over the petitioner's agricultural land, which would substantially affect the small piece of land available with him and would make it difficult for him to carry out agricultural operations thereon. Learned counsel further submits that the petitioner has already approached the competent authority/Collector by way of representation, requesting reconsideration of the proposed location and shifting of the transmission line/tower to some other suitable land, leaving the petitioner's agricultural land unaffected. It is, therefore, prayed that the respondents may be directed to consider the petitioner's 4 grievance and take an appropriate decision in accordance with law. 3. Learned counsel appearing for respondents No.2 and 6 submits that the proposed transmission line is being undertaken in accordance with the applicable provisions and after due consideration of the relevant technical requirements. It is submitted that the petitioner's representation can be considered by the competent authority in accordance with law. It is further submitted that no prejudice would be caused to the petitioner without an appropriate decision being taken on his representation. 4. Learned counsel appearing for respondent No.5 submits that the representation submitted by the petitioner has already been considered and rejected by the competent authority. However, the matter may be dealt with in accordance with the applicable provisions of law and the directions, if any, issued by this Court. 5. Learned State counsel appearing for respondents No.1, 3 and 4 submits that the grievance of the petitioner may be considered by the competent authority in accordance with law and on the basis of the relevant revenue and technical records. It is submitted that the respondents shall abide by any appropriate direction issued by this Court. 6. I have heard counsel for the parties and perused the material available on record. 5 7. Considering the fact that the petitioner has already approached the competent Collector by way of an application/representation and, particularly, keeping in view the submission that the petitioner is a small agriculturist having only 0.79 acre (79 decimals) of agricultural land, upon which he is carrying out his agricultural operations, which is the only source of his livelihood, this Court deems it appropriate to dispose of the present writ petition with a limited direction. 8. Accordingly, the competent Collector is directed to consider and decide the pending application/representation of the petitioner, in accordance with law, by taking into consideration all relevant revenue, technical and other records and also the aspect that the petitioner is a small agriculturist having a limited extent of agricultural land. The competent authority shall also consider, if technically and legally feasible, the request of the petitioner for shifting the proposed transmission line/tower to some other suitable location so as to avoid or minimise the adverse effect upon the petitioner's agricultural land. 9. Till the aforesaid application/representation is considered and decided, the concerned authorities of CSPDCL shall not take any coercive or irreversible steps against the petitioner in respect of the proposed transmission line/tower over the subject land. 10.It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim. The competent authority shall 6 take an independent decision in accordance with law, after considering all relevant aspects, including the petitioner's status as a small agriculturist and the limited extent of his agricultural land. 11.With the aforesaid observations and directions, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha