Jammu & Kashmir High Court
Zakir Hussain And Anr vs Uoi And Ors on 4 August, 2017
Author: B. S. Walia
Bench: B. S. Walia
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No.1234 of 2017, MP No.01/2017, Caveat No.2453/2017
Date of order:04.08.2017
Zakir Hussain and anr Vs. UOI and ors
Coram:
Hon'ble Mr. Justice B. S. Walia, Judge
Appearing counsel:
For Petitioner (s) : Mr. Bari Abdullah Advocate.
For Respondent(s) :
i) Whether approved for reporting in Press/Journal/Media : Yes/No
ii) Whether to be reported in Digest/Journal : Yes/No ________________________________________________________ Oral:
Mrs. Sindhu Sharma learned ASGI appears for the caveators. Caveat stands discharged. 1 Prayer in the instant writ petition is for the issuance of directions to the respondents to change the alignment of transmission lines from Dul Hasti to Kishanpur on the basis of guidelines.
2 The petitioners herein had earlier invoked the jurisdiction of this Court by way of OWP No.1360/2012 on behalf of Zamidaran of Tipri village. However, the same was dismissed as withdrawn vide order dated 08.05.2017 with liberty to the petitioners to approach the respondents with regard to the claim which is the subject matter of the instant writ petition.
Owp 1234 of 2017 Page 1 of 7 3 Instant writ petition has been filed on the ground that although pursuant to order of this Court as referred to above, a number of representations have been moved by the petitioners, but no action in respect thereto has been taken till date. In the aforementioned background, prayer is for directions as referred to in paragraph No.1 above. 4 In essence, the prayer is for shifting the alignment of transmission lines so as to pass the same from the back side of the village as the existing location of the transmission lines of 400 kv at village Badanoo/Tipri is not acceptable to the villagers as the said transmission lines would pass just above the residential houses of the villagers thereby causing damage to the property of the villagers 5 Notice of motion. Learned ASGI accepts notice and vehemently opposes the writ petition on the ground that no right as such is conferred on the petitioners to invoke the jurisdiction of this Court in the light of the decision of Hon'ble Supreme Court in case titled Power Grid Corporation of India Ltd. Vs. Century Textiles and Industries Ltd reported as AIR 2017 Supreme Court 1141. Learned ASGI refers to paragraph 3, 20, 24 and 26 of the aforementioned judgment which are reproduced hereunder:-
Owp 1234 of 2017 Page 2 of 7
"3.The Power Grid, which is a Government of India undertaking, is primarily engaged in the work of providing framework for the distribution and transmission of electricity generated by various generating companies throughout the country. In a way, it is discharging function which is in public interest. It is well known that India is an energy deficient country, notwithstanding rapid expansion in this direction in the last few years, and particularly after the entry of private sector, insofar as production of electricity is concerned. Still, there are many households where lighting of even electrical bulb is a dream. Moreover, the socio-economic development of the Country depends on this critical infrastructure. Keeping in view these parameters, one of the objectives of the Power Grid is to transmit the energy to remote areas."
20. ........This coupled with the fact that Power Grid is treated a Authority under the Indian Telegraph Act, 1885 including power to eliminate any obstruction in the laying down of power transmission lines. As per the provisions of the Indian Telegraph Act, 1885, unobstructed access to lay down telegraph and/or electricity transmission lines is an imperative in the larger public interest. Electrification of villages all over the country and availability of telegraph lines are the most essential requirements for growth and development of any country, economy and the well being/progress of the citizens. The legislature has not permitted any kind of impediment/obstruction in achieving this objective and through the scheme of the Indian Telegraph Act 1885 empowering the licensee to lay telegraph lines, Owp 1234 of 2017 Page 3 of 7 applied the same, as it is, for laying down the electricity transmission lines. Powers of the Telegraph Authority conferred by Sections 10, 15 and 16 of the Indian Telegraph Act, 1885 stand vested in and are enjoyed by the Power Grid..........
(5) Every determination of a dispute by a District Judge under sub section (3), or sub section (4) shall be final:
Provided that nothing in this sub section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same......"
24. We also do not find that the action of the Power Grid, in the given circumstances, by not shifting the transmission lines was arbitrary. From the facts noted above, it becomes apparent that not only it was unfeasible to change the alignment as almost entire work had already been completed by the time the writ petitioner started protesting against this move, even otherwise, the Power Grid has given sufficient explanation to point out that all relevant factors/aspects were kept in mind while laying down the impugned transmission lines. Such transmission lines had to be in straight line to the extent possible for eliminating loss of transmission. It is also explained that electricity transmission is usually laid or crossed over agricultural land where minimum extent of land gets utilized for erecting towers and where agricultural activities are not prejudiced/obstructed in any manner. The purpose is to avoid buildings, religious places, ponds etc. while laying down these transmission lines. It is only when it becomes inevitable that towers are placed on the Owp 1234 of 2017 Page 4 of 7 private lines to the minimum and least extent possible. That is what was tried to achieve in the instant case......
6 Gist of the submissions of learned ASGI is that electrification is the need of the day in order to ensure the socio-economic development of the country and that the provisions of Indian Telegraph Act, 1885 provide for unobstructed access to lay down telegraph and/or electricity transmission lines in the larger public interest and that it is for the authorities concerned to be satisfied on the basis of topography and the report in respect thereto with regard to the proper course for laying down of transmission lines and that the residents of the area do not have any say in the matter and are only entitled to compensation wherever their land is utilized for erecting towers for passing of transmission lines. 7 Learned counsel for the petitioner, on the other hand refers to the guidelines issued by the respondents under the Indian Standard Code of Practice for design, installation and maintenance for overhead power lines, particularly clause 5.1 (d) to contend that good farming areas, etc. ought to be avoided. Clause 5.1.(d) is reproduced here under:
"5(1). The proposed route of line should be the shortest practicable distance. The following factors shall be considered in the choice of the route:Owp 1234 of 2017 Page 5 of 7
(a)......
(d)......
(c)......
(d). Good farming areas, uneven terrains, religious places, civil and defence installations, industries, aerodromes and their approach and take off funnels, public and private premises, ponds, tanks, gardens and plantations should be avoided as far as practicable".
8 A perusal thereof reveals that the intent should be to avoid as far as practicable good farming areas, uneven terrains etc., and it is not binding on the authorities concerned to exclude such areas mandatorily and while laying down the alignment of the proposed route, the shortest practicable distance is to be maintained by the authorities.
9 I have considered the submissions of learned counsel for the parties.
10 It is not for this Court to substitute its opinion as to what would be proper alignment for laying down of transmission lines. The report in the matter having been submitted by the technical experts and there being no pleading to the effect that the report of the technical experts is factually in-correct or unjustified, it would not be open to the petitioners to invoke the jurisdiction of this Owp 1234 of 2017 Page 6 of 7 Court for alteration of alignment of towers for laying down of transmission lines particularly in view of the fact that at huge expenses, the towers have already been installed and the stringing of transmission of lines is in progress.
11 In the light of the position as noted above, the writ petition is found to be without merit and is accordingly dismissed in limine. However, petitioners would be entitled to compensation, if any, with regard to portion their land which has been utilized for installation of towers.
(B. S. Walia) Judge Jammu 04.08.2017 Sanjeev Owp 1234 of 2017 Page 7 of 7