Ashok Kumar and Another Vs Executive Engineer, Transmission system, Haryana Vidyut Parsar Nigam Ltd. and Others

High Court Of Punjab And Haryana At Chandigarh 23 Jun 2011 Civil Revision No. 3938 of 2011 (2011) 06 P&H CK 0033
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Civil Revision No. 3938 of 2011

Hon'ble Bench

Hemant Gupta, J

Acts Referred
  • Civil Procedure Code, 1908 (CPC) - Order 39 Rule 1, Order 39 Rule 2
  • Electricity Act, 2003 - Section 164

Judgement Text

Translate:

Hemant Gupta, J.@mdashThe Plaintiffs are in revision aggrieved against an order dated 17.05.2011 passed by the learned Additional Civil Judge (Senior Dvision), Kaithal, whereby the application under Order 39 Rule 1 and 2, restraining the Defendants from illegally erecting the poles/towers of high transmission lines has been dismissed. The appeal against the said order has also been dismissed by the learned District Judge, Kaithal vide order dated 07.06.2011.

2 .It has been found by both the courts below that the Defendants are installing transmission lines in pursuance of the notification issued u/s 164 of the Electricity Act, 2003. After returning such finding, the learned Its Appellate Court has also Civil Revision No. 3938 of 2011 (O&M) observed that if after evidence is led by the parties, the court comes to the conclusion that the Defendants have erected transmission lines against the sanctioned scheme, the Plaintiffs shall be at liberty to get such lines shifted at the cost of the Defendants.

3. In view of the above, the present revision petition is disposed of as such.

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