Karnataka High Court
Hucchappa Nagappa Jadiyannanavar vs State Of Karnataka on 8 September, 2023
Bench: Chief Justice, Krishna S Dixit
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WP No. 3487 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 3487 OF 2023 (KLR-RES)
BETWEEN:
1. HUCCHAPPA NAGAPPA JADIYANNANAVAR
S/O NAGAPPA
AGED ABOUT 71 YEARS,
R/O LINGAPURA POST, CHINNAMULAGUND TQ,
HIREKERUR, DIST HAVERI,
KARNATAKA 581106, MOB 9902755037
AADHAR NO 283199517348
2. BOJAPPA HANUMANTHAPPA CHOWDANNAVAR,
S/O HANUMANTHAPPA CHOWDANNAVAR,
AGED ABOUT 70 YEARS,
Digitally signed R/O LINGAPUR VILLAGE,
by SHARADA POST CHINNAMULAGUND TQ,
VANI B HIREKERUR, DIST HAVERI,
Location: HIGH KARNATAKA 581 106.
COURT OF
KARNATAKA MOB 9741757625
AADHAR NO 839100518146
3. DILLEPPA SHEKARAPPA JADIYANNANAVAR
S/O SHEKAPPA JADIYANNANAVAR,
AGED ABOUT 48 YEARS,
R/O LINGAPUR VILLAGE,
CHINNAMULAGUND POST,
TQ HIREKERUR DIST HAVERI,
KARNATAKA 581 106.
MOB 8861785052
AADHAR NO 723574850924
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WP No. 3487 of 2023
4. MUTHAPPA BASAVANTHAPPA JALADI,
S/O BASAVANTHAPPA JALADI,
AGED ABOUT 32 YEARS,
R/O O LINGAPUR VILLAGE,
CHINNAMULAGUND POST,
TQ HIREKERUR, DIST HAVERI,
KARNATAKA 581 106.
5. BASAVARAJ PUTTAPPA CHAKRASALI,
S/O PUTTAPPA CHAKRASALI,
AGED ABOUT 51 YEARS,
R/O HAMSABHAVI TQ,
HIREKERUR, DIST. HAVERI,
KARNATAKA 581 106.
AADHAR No.2694 5020 6769.
...PETITIONERS
(BY SRI. AMRUTHESH N P.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
VIDHANA SOUDHA,
AMBEDKAR ROAD,
BENGALURU 560 001.
REP BY ITS CHIEF SECRETARY.
2. PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
DEPT OF REVENUE,
M S BUILDING,
BENGALURU 560 001.
3. DEPUTY COMMISSIONER
HAVERI DISTRICT,
HAVERI 581 110.
4. TAHASILDAR
HIREKERUR TALUK,
HAVERI DISTRICT,
HAVERI 581 111.
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WP No. 3487 of 2023
5. KARNATAKA POWER TRANSMISSION
COMPANY LTD (KPTCL)
HO AT RACE COURSE ROAD,
BENGALURU 560 001.
REP BY ITS MANAGING DIRECTOR.
6. STATION HOUSE OFFICER,
HAMSABHAVI POLICE STATION,
HIREKERUR TALUK, HIREKERUR,
HAVERI 581 106.
...RESPONDENTS
(BY SMT.NILOUFER AKBAR.,AGA FOR R1 TO 4 & 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
i)ISSUE A WRIT OF CERTIORARI, BY QUASHING THE GRANT
ORDER OF THE DEPUTY COMMISSIONER, DATED 10/03/2020,
VIDE ANNEXURE-F AS ILLEGAL AND AGAINST THE LAW OF THE
LAND AND ii) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NOS.1 TO 5 TO CONSIDER THE
REPRESENTATIONS MADE BY THE PETITIONERS AND THE
VILLAGERS, VIDE ANNEXURES-G, G1, G2, G3, G4 AND III)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 6TH
RESPONDENT AS NOT TO GIVE ANY POLICE PROTECTION TO
THE 5TH RESPONDENT, AS THE GRANT ORDER TIME PERIOD
HAS ALREADY LAPSED AND GRANT ANY OTHER RELIEF.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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WP No. 3487 of 2023
ORDER
Petitioners claiming to be public spirited citizens residing in the two villages of Hirekeruru Taluka, in Haveri District, have filed this Public Interest Litigation for laying a challenge to the Deputy Commissioner's order dated 10.03.2020 a copy whereof avails at Annexure-F whereby a small extent of 4 Acres having been carved out from a large extent of 34A-21G in Sy. No.109 of Chinnamulugunda Village, has been granted to the 5th Respondent - Karnataka Power Transmission Corporation Ltd., for the 110-11 KV Electric Project. Learned counsel for the Petitioners submits that, this grant has deprived the Villagers of grazing land without following due procedure and therefore, the same is liable to be voided, coupled with a direction to the Respondent Nos. 1 to 5 to consider their Representations at Annexures - G to G4 wherein cancellation of the said grant is sought for. Learned counsel also adds that despite the lapse of two years, the Project has not come up and thus, there is -5- NC: 2023:KHC:32527-DB WP No. 3487 of 2023 breach of the 1st Condition stipulated in the impugned order and therefore, the Grant should be rescinded.
2. Learned Addl. Government Advocate on request appearing for the official Respondents opposes the Writ Petition making submission in justification of the impugned order and the reasons on which it has been structured. She points out that what has been allotted to the KPTCL is only a small portion of 04 Acres and that the remaining huge land left for the villagers is more than 30 Acres. She also points out enormous delay brooked in the matter with no explanation whatsoever offered by the petitioners therefor. Lastly, she contends that the public interest involved in the Project in question obviously outweighs the arguable one in this Writ Petition. She also explains that while computing the period of one year stipulated in the impugned order as a condition, stands elongated because Apex Court orders issued during the period of Covid-19 Pandemic and therefore, there is no breach of the same. So contending, she seeks dismissal of the Writ Petition. -6-
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3. We have heard the leaned counsel for the parties and we have perused the Petition papers. Having done that, we decline indulgence in the matter broadly agreeing with the submissions made on behalf of official Respondents. Admittedly, the Grant of land is not to any private person nor for any private purpose. It is made for the purpose of establishing a Power Grid and allied structures by the 5th Respondent - KPTCL which happens to be a cent percent Government Company as defined under Section 2(45) of the Companies Act, 2013. Apparently, it is an instrumentality of the State under Article 12 of the Constitution of India in the light of decision of the Apex Court in R D SHETTY vs. INTERNATIONAL AIRPORT AUTHORITY LIMITED, AIR 1979 SC 1628. The Apex Court in DILIP vs SATISH & OTHERS, 2022 SCC OnLine SC 810, at Paragraph 9 has observed "It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived..." It hardly needs to be stated that the electricity happens to -7- NC: 2023:KHC:32527-DB WP No. 3487 of 2023 be the lifeblood of people, be they peasants, labourers, industrialists, businessmen or of any avocation.
4. The Central Government has promulgated Pradhan Mantri Sahaj Bijli Har Ghar Yojana - Saubhagya in October, 2017 inter alia with the following salient features:
"(i) Providing last mile connectivity and electricity connections to all un-electrified households in rural areas.
(ii) Providing Solar Photo Voltaic (SPV) based standalone systems of un-electrified households located in remote and inaccessible villages/habitations where grid extension is not feasible or cost effective.
(ii) Providing last mile connectivity and electricity connections to all remaining economically poor un-electrified households in urban areas."
The Punjab & Haryana High Court in OM PRAKASH vs. BALKAR SINGH, 2022 SCC OnLine P & H 3733 has said "...the electricity being a basic necessity, is an integral part of Right to Life as guaranteed under Article 21 of the Constitution of India." The High Court of Justice (British Virgin Islands) in CYNTELIA TODMAN - DOSWELL vs. CLIFFORD JHONSON 2007 ONLINE ESSC -8- NC: 2023:KHC:32527-DB WP No. 3487 of 2023 49, has observed "... electricity is a basic amenity without which many of one's daily activities cannot be carried on without great deal of inconvenience and discomfort..." The Madras High Court in T M PRAKASH vs DISTRICT COLLECTOR, LAWS(MAD) 2013(9) 175, at paragraphs 66 to 70 has observed "Lack of electricity supply is one of the determinative factors, affecting education, health, cause for economic disparity and consequently, inequality in the society, leading to poverty..., when right to health is recognised as a right to life, under Article 21 of the Constitution of India, access to electric supply should also be considered as a right to life, in terms of Article 21 of the Constitution of India... Electricity supply is an essential and important factor for achieving socio-economic rights, to achieve the constitutional goals with sustainable development and reduction of poverty, which encompasses lower standards of living, affects education, health, sanitation and many aspects of life... Lack of electricity denies a person to have equal opportunities in the matter of -9- NC: 2023:KHC:32527-DB WP No. 3487 of 2023 education and consequently, suitable employment, health, sanitation and other socio-economic rights. Without providing the same, the constitutional goals, like Justice, Liberty, Equality and Fraternity cannot be achieved ....Access to electricity should be construed as a human right......" All this demonstrates the importance & inevitability of electricity generation & transmission in a progressive society like ours. If land is granted for that purpose, it cannot be disputed that the same is in abundant public interest. Compared to that what is sought to be canvassed in the PIL jurisdiction now, is insignificant.
5. There is force in the submission of learned Addl. Government Advocate that the impugned order was made way back in March 2020 and that the Petition is filed in February, 2023, after brooking enormous delay of about three years. No plausible explanation is offered for such a delay except drawing our attention to the Representations allegedly given by the Villagers to
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NC: 2023:KHC:32527-DB WP No. 3487 of 2023 the Deputy Commissioner of the District in April & August of 2022. These Representations falsify the contention of Petitioners that they came to know of the project in question when in the recent past the work started in the subject land. A huge Project of the kind involves a lot of investment in terms of money, manpower & technology. Therefore, the same cannot be readily upset by judicial intervention that too when the case is brought with enormous delay.
6. The last submission of the learned counsel appearing for the petitioners that the first condition incorporation in the impugned order prescribes a period of two years for accomplishment of the project in question is true. However, what the counsel loses sight of is the intervention of covid-19 pandemic when all human activities were in hibernation. In fact, there were compulsive orders that had rendered the people home bound. In those circumstances, the Apex Court had issued directions extending the periods of limitation
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NC: 2023:KHC:32527-DB WP No. 3487 of 2023 wherever prescribed for doing any act. The said period was between 05.03.2020 and 28.02.2022 IN RE COGNIZANCE FOR EXTENSION OF LIMITATION with Misc. Application Nos.665/2021, 29/2022 in SUO MOTU W.P.(c) No.3/2020. If that period is accounted, by no stretch of imagination, the submission of learned counsel for the petitioners would be tenable.
In above circumstances, this writ petition being devoid of merits is dismissed, costs having been made easy.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Bsv List No.: 1 Sl No.: 46