IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2400 of 2010 NEW ERA HIGH SCHOOL RUN BY NEW ERA SOCIAL DEVELOPMENT WELFARE SOCIEITY THROUGH ITS CHARMAN MR.SHAFI AHMAD. VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY ENERGERY DEPARTMENT BIHAR,PATNA 2. BIHAR STATE ELECTRICITY BOARD(B.S.E.B.) VIDUYAT BHAWAN , BAILEY ROAD, PATNA ,THROUGH CHAIRMAN 3. TECHNICAL SECRETARY TO CHAIRMAN (B.S.E.B.) 4. EXECUTIVE ENGINEER ,PUBLIC GRIVANCE CELL VIDHUAT BHAWAN, BAILEY ROAD, PATNA ----------- 04 15.04.2010 The petitioner is a lessee of certain lands at the outskirts of Patna. He took it on lease sometime in the year 2007 to build a school. While constructing the school petitioner realized that certain work was carried near his land for erection of high voltage transmission tower. He objected because the whole structure of the school would be up in jeopardy. Noone has stopped and, as such, he has come to this Court. On behalf of the Electricity Board, a counter affidavit has been filed in which it has been stated that extra high tension electric cabling work has to be done connecting Fathuha-Gaighat Grid. It was admitted that it does cross over part of land occupied by the petitioner. The work was sanctioned in all its technical and financial aspects in the year 2005 itself and large number of towers had already been erected. It was technically not feasible now to shift the transmission lines as it would not only involve financial expenses but would delay considerably the project as a whole, both of which are not in larger public interest. - 2 - Having considered the matter, in my view, the project being sanctioned long before without objection, the petitioner having come as a lessee long thereafter, he cannot now object to it. Had the petitioner been then and had he raised the objection at the very initial stage something could be sent in his favour. Now, it is too late for the petitioner to object. When he took a land on lease, construction work had already begun. In such circumstances, I am not inclined to interfere in the matter. The writ petition is dismissed accordingly. Trivedi (Navaniti Prasad Singh, J.)