Punjab-Haryana High Court
Punjab State Power Corporation Limited ... vs Ranjit Singh & Ors on 14 May, 2019
Bench: Mahesh Grover, Lalit Batra
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1) LPA No.813 of 2017 (O&M)
Punjab State Power Corporation Limited
and others
....Appellants
Versus
Ranjit Singh and others
...Respondents
2) LPA No.815 of 2017 (O&M) Punjab State Power Corporation Limited and others ....Appellants Versus Madan Lal and others ...Respondents
3) LPA No.817 of 2017 (O&M) Punjab State Power Corporation Limited and others ....Appellants Versus Harmesh Kumar and another ...Respondents Date of Decision : 14.05.2019 CORAM : HON'BLE MR.JUSTICE MAHESH GROVER HON'BLE MR JUSTICE LALIT BATRA Present : Mr.Vishal Chaudhri, Advocate for the appellants.
Mr.R.V.S.Chugh, Advocate for the respondents/caveators in LPA Nos.813 & 817 of 2017.
Mr.S.C.Nagpal, Advocate for the respondents/caveators in LPA No.815 of 2017.
MAHESH GROVER, J.(O) The aforesaid three appeals bearing LPA Nos.813, 815 and 817 of 2017 have been filed by the Punjab State Power Corporation Limited (in short 'the Power Corporation') against the common judgment of the learned 1 of 3 ::: Downloaded on - 09-06-2019 12:16:35 ::: LPA No.813 of 2017 (O&M) -2- Single Judge dated 30.03.2017.
The Power Corporation is desirous of laying down transmission lines through the lands of the landowners/respondents. The learned Single Judge referred to the notification dated 30.05.2014 and held it to be vague and in contravention of the provisions of law that would require a proper notice to the landowners with proper identity of the lands so as to enable them to file objections in the event of their lands being put to use for laying down the transmission lines. We also deem it appropriate to extract such notification herein below as it would help in the narrative of facts :-
" Notification Dated 30 May, 2014 No.:16/T.S.N.-207/Vol.III-It is hereby notified that Punjab State Power Corporation Limited (here-in-after called the PSPCL) proposes to undertake the following schemes/transmission works necessary for the dispersal/distribution of power for the improvement of the transmission and distribution system of the Punjab State Power Corporation Limited:
66 KV TRANSMISSION WORKS FOR THE YEAR 2014-15 Sr.No. Name of work Scope of work Size of Approx.cost Approx.Length conductor/cable (Rs.in Lacs) of Line in Kms. size
1. Route Plan of 66 0.173 KM 0.2 Sq.Inch 605 KV LILO line of existing Patiala-
Passiana line at Rail Majra (DC on DC) xx xxx xxx xxx xxx
16. Route Plan of 66 9.887 KM 0.2 Sq.Inch 200.21"
KV SC on DC line from 66 KV S/S Chabbewal to 66 KV S/S Sadhu Ashram A bare perusal of the aforesaid notification would leave no manner of doubt that it is sans any specifics of the lands likely to be affected and as a direct implication thereof deprive the landowners of their right to object.
We, therefore, have no hesitation in upholding the judgment of the learned Single Judge to decline interference in the present appeals.
2 of 3 ::: Downloaded on - 09-06-2019 12:16:35 ::: LPA No.813 of 2017 (O&M) -3- At one stage of the proceedings, we had asked the respondents, who are on caveat, whether they are willing to accept the compensation now that they are aware of the intended route for the transmission lines, to which the response has been in negative, as according to them the District Magistrate did not offer much, considering that the utility of the lands is likely to be impaired. Besides, we are in complete agreement with the learned Single Judge that the procedure as envisaged in Section 68 of the Electricity Act, 2003 was not complied with.
Appeals dismissed.
(MAHESH GROVER)
JUDGE
14.05.2019 (LALIT BATRA)
dss JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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