PATNA, India, July 16 -- Patna High Court issued the following judgment on July 9:
1.The writ petition is filed to quash the Notice dated 10.07.2018 issued by the Bihar State Power Transmission Company Ltd., Vidyut Bhawan, Bailey Road, Patna vide Annexure-3 and further to direct the respondents to stop deforestation under Mauza Mahamadipur, Mohiuddin Nagar, DistrictSamastipur, Khesra No. 1212, 1213, 1214, Khata No. 575 which is Raiyati land of petitioners.
2.The contents of the writ petition disclose that the petitioner is a farmer living a peaceful life in his native village, maintaining cattle and an orchard. Upon issuance of the notice by the respondent authorities, the petitioner, along with other farmers, protested against the proposed deforestation of the said orchard. The authorities are about to cut down green trees, including those in the petitioner's orchard.
3.A detailed counter affidavit was also filed by respondent nos. 3 and 9. The contents of the counter affidavit disclose that the DFO, Samastipur, evaluated the matter and determined the amount of compensation payable to the petitioner which comes to rs 1,08,682/-. However, this assessment by the DFO, Samastipur, was not accepted by the petitioner. Subsequently, the working agency contacted the Sub-Divisional Magistrate, Patori, who directed that the dispute be resolved through mutual consent and negotiation. Accordingly, a joint meeting was held between the petitioners, their family members, and the working agency in the presence of the SubDivisional Magistrate, Shahpur Patori. After discussion, a mutually agreed amount of rs 2,56,000/- (excluding the previously paid amount of rs 80,000/-) was paid to the petitioner, his son Chandraket Kumar Singh, and others. The matter was resolved on 06.08.2018, and the said transmission line was successfully charged on 07.08.2018.
4.Heard the Learned counsel for the petitioners as well as the Learned counsel for the respondents.
5.On perusal of the entire record, it is evident that the dispute has been resolved. However, if the petitioners still have any grievance regarding inadequate compensation, they have an alternative remedy in light of the judgment of the Hon'ble Apex Court in Power Grid Corporation of India Ltd. v. Century Textiles & Industries Ltd. Ors. reported in 2017(2) PLJR (SC) 152. The petitioners are at liberty to file a suit for compensation before the concerned District Judge and they are always free to avail the remedy before the competent civil court.
6. With the abovesaid observation, the writ petition shall stand disposed of.
Disclaimer: Curated by HT Syndication.
