High Court of Judicature For Rajasthan Bench at Jaipur: (Downloaded On 06/08/2020 at 09:35:23 PM)

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8278/2020
Ramji Lal S/o Bhupatram, aged 81 Years, R/o Shri Amarpura,

Tehsil Chidawa District Jhunjhunu (Rajasthan).
----Petitioner
Versus
1. Union of India, through Secretary Ministry of Power,
Sharam Shakti Bhavan Rafi Marg, New Delhi 110001
2. Central Electricity Regulatory Commission, through its
Chairman. Chandralok Building,36, Janpath New Delhi
110001.
3. Chief Secretary, State of Rajasthan Bhagwan Das Road
Jaipur
4. Power Grid Corporation, through its Chairman, Regd.
Office B-9 Kutub Institutional Area Karwaria Saray New
Delhi 110016
5. Goutam Shanti Lal, Chairman Adani Group of Company,
Adani Corporate House Shanti Gram Near Vaishno Devi
Circle, S.G. Highway Ahmedabad (Gujrat) 382421.
6. Bikaner Khetri Transmission Limited, through its
Chairman, 400 KV RVPN GSS, Jaipur Road, Raisar,
Bikaner (Rajasthan) 334803
7. Adani Transmission Limited, through its Chairman Adani
Corporate House Shanti Gram Near Vaishno Devi Circle,
S.G. Highway Ahmedabad (Gujrat) 382421.
8. District Collector, Jhunjhunu (Rajasthan)
9. Sub. District Magistrate Chidawa, District Jhunjhunu
(Rajasthan)
10. Tehsildar Chidawa, District Jhunjhunu (Rajashtan).
11. Director General of Police, Police Head Quarter Lal Kothi
Scheme. Jaipur 302017
----Respondents
Connected With
Anop Singh S/o Abhay Singh, Aged 52 Years, R/o Village
Kithhan, Tehsil Chidawa District Jhunjhunu (Rajasthan).
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(2 of 14) [CW-8278/2020]
----Petitioner
Versus
1. Union Of India, Through Secretary Ministry Of Power,
2. Central Electricity Regulatory Commission, Through Its
110001.
3. Chief Secretary State Of Rajasthan, Bhagwan Das Road
Jaipur
4. Power Grid Corporation, Through Its Chairman, Regd.
Delhi 110016
5. Goutam Shanti Lal, Chairman Adani Group Of Company,
Circle, S.g. Highway Ahmedabad (Gujrat) 382421.
6. Bikaner Khetri Transmission Limited, Through Its
Chairman, 400 Kv Rvpn Gss, Jaipur Road, Raisar, Bikaner
(Rajasthan) 334803
7. Adani Transmission Limited, Through Its Chairman, Adani
S.g. Highway Ahmedabad (Gujrat) 382421.
8. District Collector, Jhunjhunu(Rajasthan)
(Rajasthan)
11. Director General Of Police, Police Head Quarter Lal Kothi
----Respondents
Nand Lal Singh S/o Kan Singh, Aged 58 Years, R/o Village
Kithhan, Tehsil Chidawa, District Jhunjhunu (Rajasthan)
----Petitioner
Versus
110001.

(3 of 14) [CW-8278/2020]

Jaipur
Delhi 110016
(Rajasthan) 334803
(Rajasthan)
----Respondents
Yasin Khan S/o Yamin Khan Qureshi, Aged 49 Years, Ward No.
15, Sultana Chidawa, District Jhunjhunu (Rajasthan).
----Petitioner
Versus
1. Union Of India, Through Secretary Ministry of Power,
110001.
Jaipur
Delhi 110016

(4 of 14) [CW-8278/2020]

(Rajasthan) 334803
(Rajasthan)
----Respondents
Phula Ram @ Harphool S/o Dayala, Aged 73 Years, R/o Village
Chak Kaihar Pura, Shyampura Matana Kishorpura, Tehsil
Chidawa, District Jhunjhunu, Rajasthan.
----Petitioner
Versus
110001.
Jaipur
Delhi 110016
(Rajasthan) 334803

(5 of 14) [CW-8278/2020]

(Rajasthan)
----Respondents
Rajendra Jhanjhadiya S/o Mahipal Singh, Aged 41 Years, Behind
Shyam Mandir Padampura, Tehsil Chidawa District Jhunjhunu
Rajasthan
----Petitioner
Versus
Chairman. Chandralok Building, 36, Janpath New Delhi
110001.
Jaipur
Delhi 110016
Chairman 400 Kv Rvpn Gss, Jaipur Road, Raisar, Bikaner
(Rajasthan) 334803
7. Adani Transmission Limited, Through Its Chairman Adani
9. Sub. District Magistrate, Chidawa, District Jhunjhunu
(Rajasthan)

(6 of 14) [CW-8278/2020]

----Respondents
Rukmani W/o Ramji Lal, Aged 41 Years, R/o Village Kithana,
Tehsil Chidawa District Jhunjhunu Rajasthan
----Petitioner
Versus
110001.
Jaipur
Delhi 110016
Chairman 400 Kv Rvpn Gss, Jaipur Road, Raisar, Bikaner
(Rajasthan) 334803
(Rajasthan)
----Respondents
Manmohan Manoj S/o Braj Mohan, Aged 30 Years, R/o Village
Kithana, Tehsil Chidawa District Jhunjhunu Rajasthan.
----Petitioner
Versus

(7 of 14) [CW-8278/2020]

110001.
3. Chief Secretary, State Of Rajasthan Bhagwan Das Road
Jaipur.
Delhi 110016
(Rajasthan) 334803
(Rajasthan)
10. Tehsildar, Chidawa, District Jhunjhunu (Rajashtan).
----Respondents
Mahaveer S/o Dayala, Aged About 67 Years, R/o Village
Padampura Tehsil Chidawa, District Jhunjhunu Rajasthan.
----Petitioner
Versus
110001.
Jaipur

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Delhi 110016
(Rajasthan)
----Respondents

Shakur S/o Gafur, Aged About 63 Years, R/o Village Sultana
Tehsil Chidawa District Jhunjhunu (Rajasthan).
----Petitioner
Versus
110001.
Jaipur
Delhi 110016

(9 of 14) [CW-8278/2020]
Chairman 400 KV RVPN GSS, Jaipur Road, Raisar,

(Rajasthan)
----Respondents

Hoshiyar Singh S/o Naranaram, Aged About 52 Years, R/o
Village Kishor Pura, Tehsil Chidawa District Jhunjhunu
Rajasthan.
----Petitioner
Versus
110001.
Jaipur
Delhi 110016

(10 of 14) [CW-8278/2020]

(Rajasthan)
----Respondents
Subhash Chandra S/o Mukanda Ram, Aged About 48 Years,
R/o Village Kithhan, Tehsil Chidawa District Jhunjhunu
(Rajasthan).
----Petitioner
Versus
110001.
Jaipur
Delhi 110016
7. Adani Transmission Limited, Through Its Chairman,
(Rajasthan)

(11 of 14) [CW-8278/2020]
----Respondents
Hawa Singh S/o Samundar Ram, Aged About 51 Years, R/o
Village Kithana, Tehsil Chidawa, District Jhunjhunu Rajasthan.
----Petitioner
Versus
110001.
Jaipur
Delhi 110016
Chairman, 400 DV RVPN GSS, Jaipur Road, Raisar,
7. Adani Transmission Limited, Through Its Chairman,
(Rajasthan)
----Respondents
For Petitioner(s) : Mr. Kaleem Ahamed Khan

Mr. Gitesh Joshi
For Respondent(s) : Mr. Jai Raj Tantia

(12 of 14) [CW-8278/2020]
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
05/08/2020
The SB Civil Writ Petition Nos.8268/2020, 8277/2020,
8279/2020, 8285/2020 & 8286/2020 are listed today under the
heading “to be mentioned”. These writ petitions are also being
heard along with the writ petitions listed today under the category
of “fresh admission”.
All these writ petitions have been filed by the respective
khatedars or owners or persons claiming legal possession over the
land in question.
It is contended by learned counsel for the petitioners that
without acquiring the land in question or without paying any
compensation, the respondents are bent upon to enter their land,
erect towers and lay overhead electric transmission lines.
Mr. Jai Raj Tantia, learned counsel appearing for the
caveators/respondents No.5 to 7, relying upon Section 10 and
Section 105 read with Forth Schedule of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
And Resettlement Act, 2013 (hereinafter referred to as the “the
Act of 2013”), submitted that while erecting towers and laying
overhead electric transmission lines under the Electricity Act,
2003, they are not required to carry out any acquisition
proceedings. He submits that they are, of course, under an
obligation to pay compensation to the land holders in case their
land is being used for erection of towers and laying overhead
electric transmission lines and any damage is caused thereby,
under the provisions of the Indian Telegraph Act, 1885
(hereinafter referred to as the “the Act of 1885”). He further

(13 of 14) [CW-8278/2020]
submits that if the land owners feel dissatisfied with decision of
the respondents as to their entitlement to receive the
compensation and/or as to insufficiency of the compensation, they
may approach the concerned District Judge under Section 16 of
the Act of 1885. He, on instructions, submits that the respondents
are ready and willing to pay compensation to the petitioners in
case their right to get the same is established qua the land in
question before they embark upon to erect towers and lay
overhead electric transmission lines in their land.
Learned counsel for the petitioners has no objection for
erection of towers and laying overhead electric transmission lines
through their land if the respondents pay compensation to them
before undertaking this exercise.
The learned counsel for the petitioners also undertakes to
withdraw the Civil Suit for permanent injunction pending in the
Court of learned Civil Judge, Chidawa, Jhunjhunu filed by the
petitioners in SB Civil Writ Petition No.8279/2020 on or before
next date fixed in the suit i.e. on 20.08.2020.
In view of the submissions made by the respective counsels,
the legal position obtaining, these writ petitions are disposed of
with the following directions:-
1. The respondents No.5 to 7 shall assess

and pay compensation to the petitioners as per
provisions of Section 10(d) of the Act of 1885,
after verifying their right in respect of the land
in question with the help of revenue authorities
before they embark upon erecting towers and
lay overhead electric transmission lines in their
land.
2. If the petitioners feel dissatisfied with the
decision of the respondents as to their
entitlement/insufficiency of compensation, they

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are at liberty to approach the concerned District

Judge under Section 16(3) & (4) of the Act of
1885 for redressal of their grievance.
3. After determination of their rights to get
the compensation and payment of
compensation by the respondents, petitioners
shall not obstruct them from carrying out the
work of erection of towers and laying overhead
electric transmission lines.
Office to place copy of this order in each connected file.
(MAHENDAR KUMAR GOYAL),J
Manish/90-97 & s-1 to 5
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High Court of Judicature For Rajasthan Bench at Jaipur: (Downloaded On 06/08/2020 at 09:35:23 PM)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

S.B. Civil Writ Petition No. 8278/2020

Ramji Lal S/o Bhupatram, aged 81 Years, R/o Shri Amarpura,

(Downloaded on 06/08/2020 at 09:35:23 PM)

(Downloaded on 06/08/2020 at 09:35:23 PM)

3. Chief Secretary State Of Rajasthan, Bhagwan Das Road

(Downloaded on 06/08/2020 at 09:35:23 PM)

Circle, S.g. Highway Ahmedabad (Gujrat) 382421.

(Downloaded on 06/08/2020 at 09:35:23 PM)

S.g. Highway Ahmedabad (Gujrat) 382421.

(Downloaded on 06/08/2020 at 09:35:23 PM)

Scheme. Jaipur 302017

(Downloaded on 06/08/2020 at 09:35:23 PM)

1. Union Of India, Through Secretary Ministry Of Power,

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4. Power Grid Corporation, Through Its Chairman, Regd.

S.B. Civil Writ Petition No. 8277/2020

(Downloaded on 06/08/2020 at 09:35:23 PM)

Chairman 400 KV RVPN GSS, Jaipur Road, Raisar,

S.B. Civil Writ Petition No. 8279/2020

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8. District Collector, Jhunjhunu(Rajasthan)

(Downloaded on 06/08/2020 at 09:35:23 PM)

For Petitioner(s) : Mr. Kaleem Ahamed Khan

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

The SB Civil Writ Petition Nos.8268/2020, 8277/2020,

8279/2020, 8285/2020 & 8286/2020 are listed today under the

heading “to be mentioned”. These writ petitions are also being

All these writ petitions have been filed by the respective

khatedars or owners or persons claiming legal possession over the

It is contended by learned counsel for the petitioners that

without acquiring the land in question or without paying any

compensation, the respondents are bent upon to enter their land,

erect towers and lay overhead electric transmission lines.

Mr. Jai Raj Tantia, learned counsel appearing for the

caveators/respondents No.5 to 7, relying upon Section 10 and

Section 105 read with Forth Schedule of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation

And Resettlement Act, 2013 (hereinafter referred to as the “the

Act of 2013”), submitted that while erecting towers and laying

overhead electric transmission lines under the Electricity Act,

2003, they are not required to carry out any acquisition

proceedings. He submits that they are, of course, under an

obligation to pay compensation to the land holders in case their

land is being used for erection of towers and laying overhead

electric transmission lines and any damage is caused thereby,

under the provisions of the Indian Telegraph Act, 1885

(hereinafter referred to as the “the Act of 1885”). He further

(Downloaded on 06/08/2020 at 09:35:23 PM)

submits that if the land owners feel dissatisfied with decision of

the respondents as to their entitlement to receive the

compensation and/or as to insufficiency of the compensation, they

may approach the concerned District Judge under Section 16 of

the Act of 1885. He, on instructions, submits that the respondents

are ready and willing to pay compensation to the petitioners in

question before they embark upon to erect towers and lay

overhead electric transmission lines in their land.

Learned counsel for the petitioners has no objection for

erection of towers and laying overhead electric transmission lines

through their land if the respondents pay compensation to them

before undertaking this exercise.

The learned counsel for the petitioners also undertakes to