411 V 1 CWP No12031 of 2009 r In the HighCourt of Punjaband Haryana l1 Dateofdecisionl 40Ile 2009 CWP No12031 of 2009 ChetRam oetitioner Versus 1 r 0 PowerGrid of India Limited C I CWP No12740 of 2009 C5 I Om Parkash 0 a petitioner Z Versus C Power Grid of IndiaLimited Respondents I 08 CORAM HONBLE MRS JUSTICE SABINA 7 Z Presentl MISurya Parkash Advocate for petitioner in CWP N12031 of 2009 tl Mr V AlGupta Advocate for petitionerin CWP No12740 of 2009 MsAaloo Chahal DAG Haryana MrlSidhu Advocate for No2 and 6 in CWP No 12031 of 2009 and No2 in CWP N12740 of 2009 kRkI SABINA J Vide this judgmentCWP Nol 2031 and 12740 of 2009 1 lJ Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 412 1 CWP No12031 of 2009 2 would be of as the order under challengein these petitions issame Power Grid of India Limited Hisar undertook Iayi ng of High Powered electric Iine under the Northern Region Scheme V in terms of the conceptaccepted bythe StandingCommitteeon 30 5 2003 After the issuance of IeHer of awarda preliminary and detailed survey was conducted The final Q submittedby Mls Advanced Micronic Device Ltcl Surveyreportwas 0 0 New Delhi vide Ietter dated 72006 The have filed I C5 these challengingthe Iayout pianof the Towers and wIres I etc through their Iand Z Learnedcounsel for the have submittedthat in the notification issued bythe respondentsno towers or electric wires r I were to be erected in the villageAhmedpurIn case the towers were a5 erected in a straightIine as shown in the site plansplacedon record by the petitionersthe cost of construction and Ioss of electricity 7 Z could have been saved The towers were however not be13 erected in a straightIine to helpsome influential persons There was no cremation groundunderneath the electric wires if erected in a straight Iine as allegedbythe respondents Learned counselforthe respondentson the other hand has submitted that the entire exercise has been carried out by the respondents in accordance with Iaw As per the notification the Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 413 t CWP No 12031 of 2009 3 1 had been identified on the basis of GTvlaps issued by the General of India and were onlyindicative There was a clausein the notificationthat the viliageswhich were not in the notificationmightgetinvolvedduringconstructionof the Iine Moreover the towers had alreadybeen erected After hearingIearned counsel for the paities am of the 1 opinionthat the instant petitions are devoidof any mertt and deserve r to be dismissed 0 3 The proposed350 km IongMogaBhiwandi DIC Transmission I 0 Line was to be constructed for of power systemin PunjabHaryanaand Rajasthans per the notification Annexure Z P2 the villagesGirdharpurChhaparChhiarkeyJasat Ehnawan MaujabadBaIewa Daulatabad Telpuriwith regardto Gurgaon C District were mentioned throughwhich the proposedIine woutd 08 pass A perusaiof Annexure f2 further reveals that the villageshad been identified on the basis of GT Maps issued by the Surveyor Y Z General of India and were onlyindicative It was also mentIoned in tl the notification that these villagesmay not entirelymatched with the revenue record as Power Grid does not have excess to the same as of then However for continuityof transmission Iine all of the above villagesas also the interveningviltagesmightget involved during construction of the Iine Towers in the nearbyfields of the petittoners were erected in the monthof September 2007 onwards whereas the petitionershave filed the writ petitionsin the year 2009 After 9 l Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 414 CWP No 12031 of2009 4 Conductlrl a detailedsurvey three routes were submitted for construction of the power Iine and out of them one route was accepted which was found to be most suitabie Section42 of the Act 1948 empowers the Board to placeany wires poles wail brackets stays apparatus and for the transmission and distrlbution of electricity m SubSection l I further Iaysdown that Board shail have all the 0 which the telegraphauthoritypossesses under Part Ill of the 3 Indian Act 1885 with regardto a telegraph established or C5 maintainedbythe Government or to be so established or maintained I Part Ill of the Indian Telegraph Act 1885 contains Sections 10 to 19 B in Patt Ill Section 10 empowers the telegraphauthorityto place C and maintain a telegraphicIine under over aiong or across and immovable property a5 Sections 10 and 16 of the Indian Telegraph Act 1885 shoit the Actl read as under emW3 Z Section 10 The telegraphauthoritymay from time to tl time place and maintain a telegraphIine under over aiongor across and posts in or Uponany immovable property Provided that al The telegraphauthorityshall not 8xercise the powersconferred by this section exceptfor the purposes of a telegraphestablished or maintained by the Central r IJ Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 415 0l t CVVPNo12031 of2009 5 or to be so established or maintained bl The Central Government shall not acquireany right otherthan that of use onlyin propertyunder over along across in or uponwhich the telegraphauthorityplaces anytelegraph Iine or post and cl except as herein after providedthe telegraph m shall not exercise those powers in respectof any C2 vested in or under the control or management of 0 0 any Iocal authoritywithout the of that I 0 authorityand I dl in exercise of the powers conferred by this section Z the authorityshall do as Iittle damageas possibleand when it has exercised those powers Itl respectof any propertyother than that referred to in I 08 clause c shall pay full to all persons interestedfor any damagesustained bythem byreason eaW of the exercise of those powers 77 tl Section 16 11 If the exercise of the powers mentioned in Section 10 in respectof propertyreferred to in clause dl of that section is resisted or obstructed the District Magistratemay Ill his discretion order that the telegraphauthority shall be permittedexercise them 21 If after the makingof any order under sut r tJ Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 416 l CWP No 12031 of 2009 6 section 1 person resists the exercise Of thOSe powers0 control over the propertydoes not giveall facilities for their beIngexercised he shall be deemedto have committed an offence under Section 188ofthe Indian Penal Code 45 of 18601 31 If any dispute anses concernlngthe 1 of the to be paid under Section 10 clause dl it shall on application for that 0 0 purpose byeither of the disputingpartiesto the District I C5 Judgewithinwhose the propertyis situated I be determinedby him Il Z The said provision is applicable under the ElectrIcityAct Ct 2003 with regardto Iayingof towers wiresapparatusetcor I transmission of Although the case of the is that 08 the route should have been in a straightIine as depictedin the site planplaced on record by the petitionershowever it is for the 3 Z department to see as to which route is most effective Moreover the ll is guidedby technical staff who are the best Judgeto evaluate as to which oute is the best one As per the respondents the alignmenthas been deviated owing to Villages dense forest etc A railwayIine interceptedthe route and hence the two towers on both the sides of the railwayIine were required to be erected so that the overhead wires were at 90 angle to the railwayIine In case the route was to be kept straightas 1 J Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 417 1 1 7 CWP No12031 of 2009 by the there was dense areas in the route The route in questionwas finalized and survey was carriedout in the year 2005 2006 using advanced survey techniquesand with a vIew to avoid various areas the required anglesat RailwayLines NatlonalHighwaysState HighwaysPower Lines and Telecom Iines m Crossingsmaintainingthe clearances with existinghouses structuresand villagesetc in accordance with the various Acts ruies 0 C and and guidelines I C5 Duringsurvey the Iocation of all the towers had been finalized so that all the towers coordinate and the Iongitudeand Z Iatitudeof the towers were fixed and recorded on the survey documentsand repons No changein the of the C towers was made thereafter at any stage I 08 In compliancewith the order of thts Court status repon was submittedbythe wherein it was stated as under i4 It is submittedthat the route alignmentas shown In n the Annexure R5 as also the Annexure RI was necessitated to be Iaid in the man ner because of obstructions which had to be taken carte of in view of Indian Standards Code of Practice for Design Installation and Maintenance for Overhead Power Lines Part31Section 400 KV Linesl PubIished by Bureau of 1ndian Standards New Delhi which inter alia Provided 9 Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 418 1 CVVP No 12031 of2009 8 underthe Head Choice of Route that goodfarming areas uneven terrains religIousplaces civil and defence installationindustries aerodromes and their approach andtake off funneis publicand privatepremlses ponds tanks Iakes gardensand plantationshould be avoided as far as 1C A perusal of Annexure R5 coupled wIth the 0 Annexure R7 it is submitted that if the route alIgnment 0 between towers 15410 to 15610 is draw straIghtas I C5 proposedby the petltionerItl the writ petitionand as I shown in the white in Annexure Ra5 and in yellowcolour in Annexure Re7 then the same is to go overhead and C within the prohibitedright of way area from certain I constructIonssuch as cremation grounds lasra No 21 08 of villageBhogpuriwhich has been shown as Panchayat Deh Irl the column of ownershipand in the column of SW3 Z name of cultivator as MaqboojaAhlehanood havingan area of 39K6M as per the jamabandi for the year 2006 07 of the said vtilagewhich shail be producedfor the kind perusalof this Honble Court at the time of hearinglplace of worshiphouses and tubewells as also bigtrees which are requiredto be avoided and had been So avoided by the companywhich had been assignedthe job of preliminaryand detailed survey etc for which the report lJ Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 419 CINP No 12031 of2009 9 was on 72006 as alreadymentioned above It may be pertinentto mention that the originalof the above report dated 782006 inter alia to the installationof the Towers 15410to 15610 had been before this Honble Court on 242009 and which is readilyavailable for the kind perusal of this Honble Court As per the above mentioned 1ndian Standard in 0 C Part31sectior2 Installationand Maintenance guideIines I C5 have been to carry out survey and clearingright I of way and access roads etc A minimum of 50 meters Z iine clearance rightof way widthlis requiredaround the Transmission Line for technical and maintenance reasons Keeping in view inter alia these standards the C6 route between Towers 15410 and 15610 was Cn drawn as shown in the red colour in Annexure R5 and m Z Annexure R7 as otherwise as submitted above if the tl route alignment is to be taken straightas proposedbythe petitioner and as shown In the white In Annexure R5 and in yellowcolour in Anenxure R7 the same would either pass over the religiousplace e cremation ground Mazaar houses iarge trees and also by the side of houses tubeewells and Iargetrees comingwithin the area of rightof way as mentioned above It is thus 9 V Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 420 CWP No 12031 of 2009 10 submittedthat the route as alreadydone bythe IS in consonance with the standardIaid down as mentioned above and not at the instanceof and to benefit those whose Iand was fallingIn the straight Iine as allegedbythe petitioner in paragraph 9 of the writ petition 1 It may be very pettinentto mention that r barring Towers 15411and 15512fallingin the fields of the 0 C and another vIllagersOm Parkash petitioner in 0 CWP No 12740of 2009 all othertowers e 15410 15510 I 1551115513and15610have alreadybeen erected The Z Iast four of the a bove towers have been erected at the cost of Rs57 Iacs It is also submitted that if I the change in route alignment as suggestedby the 08 petitlonerIS to be put in operationthen apart from the above mentioned four towers as useiess 7 Z and sheer wastage even Tower No 15610will have to be rL dismantled to be replacedby Tower of 16 degreeinstead of its presentdesignat 11 degreefor the reason that in its presentshapethis Tower 15610 will not with stand the pressuref the overhead wires thus incurringmore of expenditure at the cost of publicexchequer An earnest and bonafide effort has been made by the Chief Managerof the with the Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 421 1 CVVP No12031 of2009 11 helpof to depictthe groundsituation in the contextand thecomplianceof the order dated 242009 however Since the arealdistance between towers 15410 and15610came to be around 2Il l1 the takenmay not fullymeet the intent and the dIrections issued vide order dated 24 8 2009 however to broadly 1 putthe groundsite situationl on record the 1 taken herewithas Annexure R 0 0 The petitionershave however disputedthe status C5 reportThere is no groundto disoeiieve the reportsubmitted bythe I respondents as the officiaIs who had preparedthe report were Z actingin dischargeof their official dutyand had no animus against thepetitionersrhusthe of the scheme had already begunand the towers haw alreadybeen erected in the nearby C45 villagesof the petitionersIt is onlyin the fieids of the petitioners that the towers are yetto be erected The DistrictManagerhas opassed a7 the impugnedorder in terms of the Act Under Section 16 of the Act ll the District MagIstratehas the power that lf anybodycauses any resistance or obstruction to the department then he can permitthe telegraphicauthorityto enter the premisesand carry on with the iayingdown of the towers etc Sub Section 2 1 makes it clear that District Magistratehas to pass an order under sub sectior1 1and if any person resists the exercise of powers the officer executingthe sameiS free to proceedagainstthat person as he has committed an 1 l Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 422 49 CWP No12031 of 2009 12 1 offenceunder Section 188 of the Indian Penal Code Since the petitioners were the respondentsfrom carrying on With their work the District Magistrategranted to the Power Grid India Ltd to exercise construction work as per the provisions of the Act The was directed to adequately the farmers for usingtheir Iand as per Iaw Hence the 1 impugned order does not suffer from any illegaiity The work carried on by the respondentsIS of public 0 0 The scheme has been formulated to the C5 powersystemIn PunjabHaryanaand Rajasthar The delay in I scheme is thUS CaUsing an Ioss to the respondents as Z well as to the generalpubtic No groundfor interferencets made out C Accordingly these petitions are dismissecl a5 SABINAI JUDGE November lt 2009 3 anita Z 1 Llm 11 1 Anita 2014.04.02 14: 32 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document