Shivendra Prasad Bhatnagar v. Union of India

Order dated

22.01.2024 issued by Ministry of Power, Govt. of India (Annexure No. 5 to the writ petition), whereby the respondent nos. 4 and 5 have been granted the powers under Section 164 of the Electricity Act, 2003 with respect to placing of Telegraph Line and Posts for the purposes of laying of Transmission Line, inasmuch the said permission has been granted in favour of respondent nos. 4 & 5 on the ground that inspite of inviting objections, no objection was made by the Local Residents regarding the said construction.

(ii) Issue a writ, order or direction in the nature of Mandamus restraining the Respondent nos. 4 & 5 from erecting the 400 KV High Tension Electricity Transmission Line "Khandukhal-Rampura Line' on the land of the petitioner situated at Khata No. 0292 Khasra Number 186(M) situated at the Village Dabhaura Aihatmali, Tehsil Kashipur, District Udham Singh Nagar inasmuch as said respondents categorically admit the fact that they have issued the Public Notice in the Daily Newspapers inviting objection from the public, which is not in circulation in the area where the erection of the Electricity Transmission Line has to take place.

(iii) Issue a writ, order or direction in the nature of Mandamus directing the Respondent nos. 4 & 5 to conduct a detailed Technical survey in the presence of the Petitioners before taking any further action regarding the installation of the towers of 400 KV High Tension Electricity Transmission Line "Khandukhal-Rampura Line on the land of the petitioner.

¶6Mr. Kartikey Maulekhi, learned counsel appearing for respondent nos. 4 & 5 submits that similar issue was decided by this Court in WPMS No. 3005 of 2025. He, therefore, submits that this petition can also be decided in terms of that petition.

¶7Learned counsel for the petitioner submits that these writ petitions may be decided in terms of judgment dated

06.11.2025 rendered in WPMS No. 3005 of 2025.

¶8Accordingly, the writ petitions are disposed of with liberty to petitioners to approach the District Collector for compensation. If petitioners make a formal demand for compensation, District Collector shall take decision thereupon within six months of making such representation(s).

(Manoj Kumar Tiwari, J)

22.07.2026 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.22 05:37:43 -07'00'

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS WPMS/1291/2024 Shivendra Prasad Bhatnagar ..Petitioner Versus Union Of India ..Respondent With WPMS/3411/2024 & WPMS/1294/2024 Hon'ble Manoj Kumar Tiwari, J 1. Mr. Akash Sanyal, Advocate holding brief of Mr. Aditya Singh, learned counsel for the petitioner in WPMS No. 3411 of 2024. 2. Mr. Ghanshyam Joshi, learned Standing Counsel for the State of Uttarakhand. 3. Mr. K. Maulekhi, learned counsel for respondent nos. 4 & 5. 4. Since common questions of law and fact are involved in these petitions, therefore, they are being heard and decided together. However, for the sake of brevity and convenience, facts of WPMS No. 1291 of 2024 alone are being considered and discussed. 5. By means of this writ petition, petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of Certiorari calling for the record and quashing the impugned