Jammu & Kashmir High Court - Srinagar Bench
Abdul Ahad & Ors. vs Union Of India & Ors. on 3 November, 2017
Author: M. K. Hanjura
Bench: M. K. Hanjura
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 791/2017
MP No. 01/2017
Date of Order: 3rd November, 2017.
Abdul Ahad & Ors.
Vs.
Union of India & Ors.
Coram:
Hon'ble Mr Justice M. K. Hanjura, Judge.
Appearance:
For the Petitioner(s): Mr B. A. Misri, Advocate
For the Respondent(s): Mr Tahir Majid Shamsi, ASGI for R-1.
Mr M. A. Beigh, AAG for R-2 to 5.
i) Whether approved for reporting in Yes/No
Law Journals etc.:
ii) Whether approved for publication
in Press: Yes/No
01. In this writ petition, the petitioners have sought the indulgence of this Court in granting them the following relief(s):
"By a writ of prohibition, the respondents be restrained from laying the transmission line over the area of village Aloosa and accordingly be directed to remove the base of electric towers elected within the local are in view of the hazards effects;
By writ of Mandamus, the respondents be directed to utilize the forest area available for the aerial transmission lines as per the site shown in the representation."OWP No 791 of 2017 Page 1 of 6
02. The sum and substance of the petition of the petitioners is that the Respondents are laying high voltage transmission lines of 220KV Kishanganga Amargarh, Wagoora, through the densely populated area of Aloosa, Bandipora. The petitioners plead that the link of the transmission lines/ towers being hazardous to human life, therefore, they made a request to the respondents to divert their course through the adjacent forest area conducive for such transmission lines. Even though the respondents initially started laying the transmission lines/ towers through the forest and hilly areas, however, they abruptly changed the course of these transmission lines towards the village of the petitioners and in case the respondents succeed in laying the Transmission lines over their village, the petitioners are likely to be deprived of the optimum use of the land, which is the only source of their occupation. The electric transmission lines/ towers are a threat to their life and property, especially when the area is abounded with schools and other commercial establishments. It has been accordingly prayed by the petitioners that the respondents be restrained from laying the transmission lines/ towers over the area of village Aloosa, i.e. the village of the petitioners.
03. The Respondents Nos. 2 and3 have resisted and controverted the petition of the petitioners, inter alia, on the grounds that they are the executing agency of the Project of laying the transmission line 220 KV Kishen Ganga, Amargarh Wagoora, Budgam, and it was only on a proper survey conducted by an experienced team of Technical Officers of the Corporation, that the route for laying the transmission line was selected and work was started in the year 2014, which is to be completed by the end of the year 2017 at any cost, keeping in view the fact that it is a very important project for providing proper and adequate electricity to the public at large. Thereafter, the towers were installed OWP No 791 of 2017 Page 2 of 6 and 60% to 70% of the work is complete as on date. It has also been stated by the Respondents in their objections that it is only the concerned authorities who can judge and select the route for laying of the transmission lines for which a number of factors are to be taken into consideration, i.e. the topography of the land, kind of land, feasibility for laying of the transmission lines and less damage to the public property. All these factors have been taken into consideration by the team of surveyors before accord of approval to the project whereafter the work has been started. The respondents have prayed in the end that the petition of the petitioners be dismissed and they be directed not to cause any interference in the execution of the work on spot.
04. Heard and considered.
05. The issue involved in the present writ petition has already been set at rest by a Co-ordinate Bench of this High Court in 'OWP No. 975/2017 titled Mohammad Maqbool Bhat & Anr. v. Union of India & Ors.' decided on 4th of October, 2017, the relevant extracts of which that have a direct bearing on the instant petition are reproduced below, word by word and letter by letter:
"03. The short grievance of the petitioners, two in number, is that they hail from the Village Aloosa, Bandipora. The Respondents are laying high voltage transmission lines of 220 KV called as Kishan Ganga Wagoora transmission line. While most of the high voltage towers are being laid over the forest area, the petitioners plead that four such towers alone are being erected in a place which will pass through their village and this will cause great difficulty to the residents of the village.
04. According to the petitioners, the laying of the tower and the transmission lines over the village will deprive the petitioners of the optimum use of the land which is their only source of income. Further, according to the petitioners, the electric transmission lines are a threat to the life and property of the OWP No 791 of 2017 Page 3 of 6 residents of the village. They plead that the schools, health centres, commercial establishments, etc. are located in the said village and they will be affected.
05. The petitioners have given a representation to the Divisional Commissioner, Kashmir, i.e. Annexure-B Page No.8 to the writ petition, on 18th May, 2017 signed by few of the villagers. Since no hearing has been granted to the petitioners on their grievance by the authority, the present writ petition has been filed for the above stated relief.
06. Mr M. A. Beigh, the learned AAG, appearing on behalf of Respondent Nos. 2 to 5, states that 143 Nos. of towers are to be erected by the Respondents for the above said project. Most of the towers have been erected and transmission lines drawn. The objection in the present case is in relation to two towers and the laying of the transmission lines which may run over the land of the present petitioners. The learned AAG pleads that the towers and transmission lines are to be erected after proper survey of the topography of the land over which the transmission lines will go. Various technical parameters are considered while drawing the route for the transmission lines. The deviation, as projected by the petitioners, will cause dislocation of the transmission lines project taken up in larger public interest. There is no malafides as suggested. The allegation of causing disturbance to schools, residential premises, etc. is a figment of imagination not supported by any legally acceptable material. In any event, the authority will go into the nature of allegations on facts. The learned AAG further clarifies that compensation has already been granted to such persons with respect to the land on which the towers have been erected. The petitioners, if they are also entitled to, will be considered for grant of compensation, on merits.
07. At this stage, the learned counsel for the petitioners, states that the two petitioners in the present case have not been compensated for the land over which transmission lines are to be laid as also the towers.
08. Mr Beigh, the learned AAG, states that if the grievance of the petitioners on compensation is not addressed, then, as per the procedure prescribed, the authority will decide the claim as per law and determine the amount of compensation and pay the same to the petitioners forthwith, if not already paid.OWP No 791 of 2017 Page 4 of 6
09. In so far as laying of the transmission lines is concerned, the petitioners cannot force the authority to change the alignment. The route of the transmission lines is based on various technical parameters and any deviation will be dangerous and may cause disturbance later on. This Court is not inclined to substitute its views on the route of the transmission lines as it is for the technical personnel to decide and execute the project as per specifications.
10. The technical aspect as to how and in what manner the high tension towers and transmission lines should be erected cannot be decided by this Court. Be that as it may, the petitioners, in this case, have given a representation to the Divisional Commissioner, Kashmir, i.e. Respondent No.4 herein, espousing their grievance. It is for the Divisional Commissioner, Kashmir, to hold an enquiry alongwith the authorities who are executing the project and decide the issue on the plea of the villagers in relation to the laying of the electric towers and transmission lines. Such an enquiry shall be conducted at the earliest, preferably within a period of four weeks from the date of receipt of certified copy of this order.
11. In so far as compensation is concerned, the Respondent Nos. 2, 3 and 5 are directed to enquire into the claim of the individuals who have not been paid any compensation and pay the same to such individuals, if they are entitled, in relation to the laying of towers and transmission lines for the aforesaid project, as applicable under rules.
12. Writ petition alongwith connected MP(s) disposed of as above. Interim direction, if any, in force as on date, shall stand vacated."
06. The petition of the petitioners is covered by the judgment supra in all the fours. Going by its dictum, the petitioners cannot compel the authorities to change the alignment of the transmission lines. The route of the transmission lines is designed regard being had to a variety of considerations, chiefly, the technical criterion and frame work. Any deviation thereof will lead to consequences which may be perilous, risky and unsafe and, to cap it all, the decision so made by the authorities is not amenable to judicial review. It is not within the power and jurisdiction of this Court to substitute its own views on OWP No 791 of 2017 Page 5 of 6 what and how the route of the transmission line should be. It is within the domain and power of the technical personnel to decide and execute the project as per specifications.
07. Viewed in the above context, the petitioners are not entitled to any relief as prayed for. The petition of the petitioners is liable to be dismissed and it is, accordingly, dismissed alongwith all connected MP(s). Interim directions, if any, in force as on date, shall stand vacated.
(M. K. Hanjura) Judge SRINAGAR November 3rd, 2017 "TAHIR"
OWP No 791 of 2017 Page 6 of 6