Telangana High Court
Smt. Kotharu Rani vs The Ap Eastern Power Distribution ... on 19 December, 2018
Author: P. Naveen Rao
Bench: P. Naveen Rao
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.30357 OF 2018
Date:19.12.2018
Between:
Smt. Kotharu Rani, S/o. Ramachander Rao,
Age 60 years, Occ: -- , R/o.Kondalaraopalem,
Pedavegi Mandal, West Godavari District,
Andhra Pradesh .. Petitioner
And
The AP Eastern Power Distribution
Company Limited, rep., by its
Superintendent Engineer, Eluru,
West Godavari District, Andhra
Pradesh and others .. Respondents
The Court made the following:
2
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.30357 OF 2018
ORDER:
Heard learned counsel for the petitioner and learned Standing Counsel for APEPDCL appearing for respondents 1 to 3.
2. This Writ Petition is filed alleging that the respondent - Company is trying to alter the alignment of electric poles and install them in front of petitioner's house and in her land in Survey No.93/1C-4, at Kondalaraopalem Village, Pedavegi Mandal, West Godavari District, and the same is illegal, arbitrary and unconstitutional.
3. The averments in the affidavit filed in support of the Writ Petition would go to show that on the instructions of respondent No.4, Member of the Legislative Assembly of General Constituency, who directed the respondent - Company to change the alignment of electric poles and install them in front of the house of the petitioner by removing the aged trees, the respondent - Company is taking steps to remove the aged treats and demolish the entire Chavidi. It is alleged that even though representations were made, the same were not acted upon and change of such alignment is illegal.
4. A reading of the representation dated 22.08.2018 made to the Superintendent Engineer, A.P.E.P.D.C.L., Eluru, West Godavari District, would show that petitioner apprehends, as per the instructions of the local MLA, the employees of respondent - company will try to lay the electric poles in the land belonging to 3 the petitioner, remove the grown up trees and also lay pillars in the adjacent land of the petitioner and the same is illegal.
5. Having regard to these submissions, this Court, by order dated 24.08.2018 granted interim stay as prayed for. The interim prayer sought was stay of alteration of alignment in front of the house of the petitioner.
6. In the counter affidavit deposed by Sri K. Venkateswara Rao, working as Additional Assistant Engineer, Operation, A.P.E.P.D.C.L., Vijayarai, West Godavari District, it is averred that 11 KV of Bapirajugudem Rural Feeder was existing in Rayudupalem Sub-Station; it crossed the load of 150 AMPs., and therefore it is essential to bifurcate the feeder by diverting some of load by laying another new feeder for the purpose of reducing technical losses on the side and reducing frequent power interruptions, low voltage problems to consumers. Accordingly, survey was conducted for laying new 11 KV line (HT line) from Rayudupalem Sub-Station to tag at a suitable location at Kondalaraoplaem Village and prepared 11 KV line sketch in the shortest possible route and after obtaining approval, the ground work was taken up and the nature of work involved is, digging of pole pits, transport and erection of poles and laying of conductor on the poles. According to the deponent, the work of erection of poles was completed from Rayudupalem Sub-Station to the land of the petitioner and because of the objection raised, further steps could not be taken. In paragraph Nos.7 and 8 of the counter affidavit, it is deposed that the work of erection of poles is done on Zilla Parishad road in a straight line to avoid voltage fluctuations and also technical power loss and no portion of the land of the 4 petitioner is under utilization. It is further averred that if the proposal of the petitioner is accepted, it would amount to laying of poles in a zig-zag manner and the line poles are to be supported by 4nos numbers strut poles with 2nos cut point arrangements which not only increases the cost of the line but there will be chance of occurring road accidents on account of projection of poles.
7. Learned Standing Counsel for APEPDCL submits that no land of the petitioner is under utilization for laying of electric poles; the trees standing in front of the house of the petitioner are on the public road and few branches of the trees are cut for the purpose of laying conductor and no trees are being affected.
8. As the work is time bound and unless work is executed, the funds cannot be granted by the World Bank, vacate petition is filed. On 11.12.2018 when the vacate petition was called, there was no representation. The matter was directed to be listed on 13.12.2018 under the caption 'for dismissal'. On 13.12.2018, when the case was called, there was no representation and hence the matter was directed to be listed on 19.12.2018 under the caption 'for dismissal'. Today also though the matter is coming up under the caption 'for dismissal', there is no representation for the petitioner.
9. As can be seen from the representation submitted by the petitioner on 22.08.2018, her only apprehension was at the command of the Local MLA, there is a proposal to change the alignment and property of the petitioner is sought to be utilized for laying of the poles. Now the respondent - Company categorically assert that there is no change in the alignment and no portion of 5 the petitioner's land is being affected on account of the proposed laying of new transmission line.
10. The initial apprehension expressed by the petitioner has no merit. The Writ Petition is accordingly dismissed. The interim order granted on 24.08.2018 shall stand vacated. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.
____________________ P. NAVEEN RAO, J Date:19.12.2018 KH