1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1934 OF 2010. ( Rajeshwar D. Sammanwar and another -: versus :- The District Magistrate and others ) WRIT PETITION No. 2293 OF 2010. ( Shri Shankar Latari Matte and another -: versus :- The District Magistrate and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 12, 2010. Heard Mrs. R.D. Raskar, learned counsel for petitioners, Shri Sonare, learned A.G.P. for respondent no.1, Shri G.E. Moharir, learned counsel for respondent no.2 and Shri S.C. Mehadia, learned counsel for respondent no.3. The matters are part heard. On last occasion question arose, whether line being erected was 'Inter State' or 'Intra State'. It has been clarified by affidavit filed on behalf of respondent no.2 that it is 'Intra State Line'. In view of this statement, it is apparent that the State Government is the appropriate Government. The other contention of petitioners is, that in 2 view of the provisions of Section 68[5] of the Indian Electricity Act, 2003 petitioners need to be paid compensation before the electric line is erected or fixed in their fields. The respective counsel for respondents are disputing this proposition. According to them, for trees already existing before erection, the provision contemplates compensation if any damage is caused. Shri Mehadia, learned counsel as also Shri Moharir, learned counsel states that after entire work in the fields of petitioners is over, the damages if any, suffered by them will be worked out by the Revenue Authorities and then the same will be paid to the petitioners within 15 days. Learned A.G.P. for respondent no.1 states that after the work is over, as per the directions of this Court within a reasonable period damages will be worked out. Provisions of Section 68[5] uses the word “before” to indicate that trees must be in existence earlier, it does not require payment of compensation before work is actually undertaken. It is obvious that while executing the work because of use of petitioners land some more damage may be caused. Hence it is appropriate that such damages are worked out after the entire work in the field of petitioners is over. 3 The Competent Revenue Authority shall work out the damages payable to the petitioners, after the work of erection of supply line in their fields is over, within a period of one month thereafter. The respondent nos. 2 and 3 shall arrange to pay that amount to the petitioners within a further period of 15 days. With these directions, Writ Petitions are partly allowed. No costs. Needless to mention that the respondent nos. 2 and 3 shall endeavor to complete the work in a reasonable time so as to avoid further damages and inconvenience to the petitioners. JUDGE Rgd.