Punjab-Haryana High Court
Lalit Mehta vs State Of Haryana And Others on 26 March, 2021
Author: Ritu Bahri
Bench: Ritu Bahri, Archana Puri
LPA No. 327 of 2021 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA No. 327 of 2021 (O&M)
Date of decision 26.03.2021
Lalit Mehta ...Appellant
Vs.
State of Haryana and ors. ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr. Rajnish Gupta, Advocatte
for the appellant.
Mr. Hitesh Pandit, Add.A.G. Haryana
for the respondent-HVPNL
***
Ritu Bahri, J.
The present letter patent appeal under clause 10 of the Letters Patent Act has been filed seeking setting aside of the judgment dated 01.12.2020 passed by learned Single Judge in C.W.P No. 8409-2020 titled as Lalit Mehta vs. State of Haryana and others.
The dispute in the present case is with respect to alignment of transmission line from transmission tower 35 to Sub Station Ding. Challenge of the petitioners was to an attempt made by HVPNL to lay overhead transmission line and install transmission towers to support the transmission line through the agricultural land of the writ petitioners. The writ petitions were dismissed on the ground that 80% work has been completed. Except installation of the transmission towers in the land of the petitioners, the remaining towers have already been constructed/fabricated/ erected.
Issue notice of motion.
1 of 4 ::: Downloaded on - 17-01-2022 01:40:33 ::: LPA No. 327 of 2021 2 On asking of the Court, Mr. Hitesh Pandit, Addl.A.G. Haryana accepts notice on behalf of respondent-Nigam.
Learned counsel for the appellant has argued that initially the Nigam had proposed to take the transmission line through the tentative route (herein after to be referred as 'first transmission line'). The alignment of Ist transmission line was the shortest route located near the inhabited area of village Patli Dabar and an existing school. This line was planned to be taken through the corridor in between the school and the inhabited area of the village. Subsequently, it was changed and now it has been finalized through an area, which is far away from the inhabited area (herein after referred to as a 2nd transmission line) which is lengthier than the first transmission line by 80 meters.
Learned State counsel at the very outset on instructions from Mr. Kapil, Addl. XEN, T.S. Division, HVPNL Sirsa has informed that in January, 2021, the entire work of laying down the transmission line has been completed and it has been working now.
After hearing learned counsel for the parties and going through the judgment of the learned Single Judge, the present appeal deserves to be dismissed.
There were total three different reports of the three committees constituted. Reference was made to final report dated 26.02.2020, headed by Supdt. Engineer (Planning) of the Nigam. As per this report, there was a lot of resistance from the villagers qua alignment of the Ist Transmission line, which was planned to be taken from the corridor very close to the inhabited area and the school and it was found that the area abutting the national highway near village patli dabar, has now become a hub of 2 of 4 ::: Downloaded on - 17-01-2022 01:40:34 ::: LPA No. 327 of 2021 3 commercial activities as marriage palace, service station, some hotel/dhabas, a school and residential colonies have come up. It was noticed that taking into consideration the safety concerns of the villagers, it would not be advisable to take the transmission line, in close proximity of the human habitation.
The learned Single Judge concluded that the Courts do not possess the required expertise in the specialized fields, therefore, the Courts have to depend upon the reports of the Experts. There were three reports of the three Committees. Two reports were supporting the alignment of 2nd transmission line, which has been approved. It has been held that even though the 2nd transmission line takes a little longer route, but goes through the land which is located far away from the inhabited area of the village. The tentative first alignment line, which was originally proposed, poses a danger to the residents of the area and the children studying in the school.
Reference can now be made to report dated 26.02.2020 (P-17) and at page 129 of the paper book, it has been mentioned as under:-
"The Committee visited the site of LILO of one circuit of 132 KV Hukmawali to Bhattu Khurd S/C line on D/C tower at 132 KV S/Stn Ding near village Patli Dabar on 25.02.2020.
(i) In the tentative route which was carried out during March, 2016 and finally approved to execution in November, 2019 (Annexed as "A") has permanent/Pakka structures behind the school in the corridor. Presently, no corridor is available for passing of the line through the above said route.
(ii) During visit, it is also observed that the village Patli Dabar has already expanded up to National Highway.
(iii) The committee observed that the area abutting the National Highway near village Patli Dabar has been commercialized with existence of Marriage Palace, service station, some hotels/Dhabas, school and residential colony with
3 of 4 ::: Downloaded on - 17-01-2022 01:40:34 ::: LPA No. 327 of 2021 4 constructed houses etc which shows that area is habitated and are to be avoided as per fundamental guidelines available on HVPNL website for route survey.
(iv) (a) ACS/Power vide note dated 02.12.2015 conveyed an announcement made on the floor of Vidhan Sabha by Hon'ble Chief Minister that all dangerous wires of 33 KV and above level passing over the various colonies will be removed and desired to prepare a detail scheme in this regard.
(b) Further a lot of representations are being received from the residents for removal of existing transmission lines passing over/through habitated area. The safety concerns shall always be there due to passing of line in close proximity of habituation.
Thus, while approving the report dated 13.05.2019, valid reasons have been given in the report dated 26.02.2020 (P-17) and hence there was no mala fide intentions of the respondent-Nigam for not following first transmission line as it was merely a proposal. Further now the entire work of laying down the transmission line was completed, as informed by learned State counsel.
In view of the discussion made above, the present appeal is dismissed.
Since the main appeal is decided, all the pending miscellanous applications stand disposed of.
(RITU BAHRI) JUDGE (ARCHANA PURI) JUDGE 26.03.2021 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 4 of 4 ::: Downloaded on - 17-01-2022 01:40:34 :::