ITEM NO.1               Court No. 7               SECTION IV

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS IA 3/2008  in CIVIL APPEAL NO. 2981 OF 2006

POWER GRID CORPORATION OF INDIA LTD.                 Appellant (s)

                     VERSUS

M/S TRIVENI EDU.&SOC WELFARE SOC. & ANR.             Respondent(s) (With appln(s) for recalling the court's order dated 14.07.2009 and office report ))

Date: 27/03/2009  This Appeal was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE ALTAMAS KABIR         HON'BLE MR. JUSTICE CYRIAC JOSEPH

For Appellant(s) Mr. Naveen R. Nath,Adv. Ms. Lalit Mohini Bhat,Adv. Mr. A. Daserath,Adv.

For Respondent(s) Mr. Anoop G. Chaudhari,Sr.Adv. Mr. Manjit Singh,Adv. Mr. Rupam P.,Adv. Ms. Jane Chaudhari,Adv. Mr. Prabhat Kumar Rai,Adv.

Mr. R.D. Makheeja,Adv.                      Mr. Ramesh Lal Bhatia,Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

This application (I.A. No.3/06), has been filed in Civil Appeal No.2981/06,  

which was disposed of by this Court on 14th July, 2006, on the basis of a Settlement  

which had been arrived at between the original parties to the appeal, namely, Power  

Grid  Corporation  of  India  Ltd.  and  M/s  Triveni  Educational  &  Social  Welfare  

Society.  The applicant herein was not a party in the proceedings nor was he a party  

to the Agreement on the basis whereof the order was passed on 14th July, 2006.

In this application, the applicant has made out a case that on the basis of the  

Order passed by this Court on 14th July, 2006,  the  Power  Grid  Corporation  is  

attempting to

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realign the transmission lines so as to pass over the  applicant's land.  According to  

the  petitioner,  taking  advantage  of  the  Settlement  and  the  Order  passed  by  this  

Court,  the  Corporation   was  bank  upon  taking  the  transmission  lines  over  the  

applicant's land.  The complainant has, therefore, prayed for recalling of the said  

order of 14th July, 2009.

Having heard learned counsel for the respective parties, and having looked  

into the Agreement which were arrived at between the original parties to the appeal,  

we find nothing in the Agreement which adversely affects the right of the applicant.  

However, since the Power Grid Corporation is attempting to draw a lines over the  

lands of the applicant, the applicant will be at liberty, notwithstanding the order of  

14th July, 2006, to take such steps as he may be entitled to in law in respect thereof.

The application is disposed with the above observations.

            (Ganga Thakur)            (Juginder Kaur)             P.S. to Registrar                Court Master