CWP No. 12031 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 4.11. 2009 CWP No. 12031 of 2009 Chet Ram ......petitioner Versus Power Grid Corporation of India Limited .......Respondents CWP No. 12740 of 2009 Om Parkash ......petitioner Versus Power Grid Corporation of India Limited .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Dr.Surya Parkash, Advocate, for petitioner in CWP No.12031 of 2009 Mr. V.M.Gupta, Advocate for petitioner in CWP No.12740 of 2009. Ms.Maloo Chahal, DAG Haryana. Mr.I.S.Sidhu, Advocate, for respondents No.2 and 6 in CWP No.12031 of 2009 and respondent No.2 in CWP No.12740 of 2009. **** SABINA, J. Vide this judgment, CWP No.12031 and 12740 of 2009 CWP No. 12031 of 2009 2 would be disposed of as the order under challenge in these petitions is same. Power Grid Corporation of India Limited, Hisar undertook laying of High Powered electric line under the Northern Region System strengthening Scheme- V in terms of the concept accepted by the Standing Committee on 30.5.2003. After the issuance of letter of award, a preliminary and detailed survey was conducted. The final survey report was submitted by M/s Advanced Micronic Device Ltd., New Delhi vide letter dated 7.8.2006. The petitioners have filed these petitions challenging the lay out plan of the Towers and wires etc. through their land. Learned counsel for the petitioners have submitted that in the notification issued by the respondents, no towers or electric wires were to be erected in the village Ahmedpur. In case the towers were erected in a straight line as shown in the site plans placed on record by the petitioners, the cost of construction and loss of electricity could have been saved. The towers were, however, not being erected in a straight line to help some influential persons. There was no cremation ground underneath the electric wires if erected in a straight line as alleged by the respondents. Learned counsel for the respondents, on the other hand, has submitted that the entire exercise has been carried out by the respondents in accordance with law. As per the notification, the CWP No. 12031 of 2009 3 villages had been identified on the basis of G.T.Maps issued by the Surveyor General of India and were only indicative There was a clause in the notification that the intervening villages, which were not mentioned in the notification might get involved during construction of the line. Moreover, the towers had already been erected. After hearing learned counsel for the parties, I am of the opinion that the instant petitions are devoid of any merit and deserve to be dismissed. The proposed 350 km long Moga-Bhiwandi D/C Transmission Line was to be constructed for strengthening of power system in Punjab, Haryana and Rajasthan. As per the notification, Annexure P-2, the villages Girdharpur, Chhapar, Chhiarkey, Jasat, Ehnawan, Maujabad, Balewa, Daulatabad, Telpuri with regard to Gurgaon District were mentioned through which the proposed line would pass. A perusal of Annexure P-2 further reveals that the villages had been identified on the basis of GT Maps issued by the Surveyor General of India and were only indicative. It was also mentioned in the notification that these villages may not entirely matched with the revenue record as Power Grid does not have excess to the same as of then. However, for continuity of transmission line all of the above villages as also the intervening villages might get involved during construction of the line. Towers in the nearby fields of the petitioners were erected in the month of September 2007 onwards, whereas, the petitioners have filed the writ petitions in the year 2009. After CWP No. 12031 of 2009 4 conducting a detailed survey three routes were submitted for construction of the power line and out of them one route was accepted, which was found to be most suitable. Section 42 of the Electricity(Supply) Act, 1948 empowers the Board to place any wires, poles, wall brackets, stays, apparatus and appliances for the transmission and distribution of electricity. Sub-Section (1) further lays down that Board shall have all the powers which the telegraph authority possesses under Part III of the Indian Telegraph Act, 1885 with regard to a telegraph established or maintained by the Government or to be so established or maintained. Part III of the Indian Telegraph Act, 1885 contains Sections 10 to 19 B in Part III. Section 10 empowers the telegraph authority to place and maintain a telegraphic line under, over, along or across and immovable property. Sections 10 and 16 of the Indian Telegraph Act, 1885 (for short 'the Act') read as under:- “Section 10- The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property: Provided that:- (a) The telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central CWP No. 12031 of 2009 5 Government, or to be so established or maintained. (b) The Central Government shall not acquire any right other than that of use only in property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and ( c) except as herein after provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority without the permission of that authority; and (d) in exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and when it has exercised those powers in respect of any property other than that referred to in clause (c ) shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.” Section 16:- (1) If the exercise of the powers mentioned in Section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted exercise them. (2) If, after the making of any order under sub- CWP No. 12031 of 2009 6 section (1), person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal Code (45 of 1860). (3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situated, be determined by him.” The said provision is applicable under the Electricity Act, 2003 with regard to laying of towers wires apparatus etc. for transmission of electricity. Although the case of the petitioners is that the route should have been in a straight line as depicted in the site plan placed on record by the petitioners, however, it is for the department to see as to which route is most effective. Moreover, the department is guided by technical staff who are the best judge to evaluate as to which route is the best one. As per the respondents, the alignment has been deviated owing to villages, dense vegetation/ forest etc. A railway line intercepted the route, and hence, the two towers on both the sides of the railway line were required to be erected so that the overhead wires were at 90 angle to the railway line. In case the route was to be kept straight as CWP No. 12031 of 2009 7 suggested by the petitioners, there was dense vegetation/forests, village/inhabited areas in the route. The route in question was finalized and survey was carried out in the year 2005- 2006 using advanced survey techniques and with a view to avoid various areas, maintaining the required clearance/crossing angles at Railway Lines, National Highways, State Highways, Power Lines and Telecom lines Crossings, maintaining the clearances with existing houses, structures and villages etc. in accordance with the various Acts, rules and regulations and guidelines. During survey, the location of all the towers had been finalized so that all the towers coordinate and the longitude and latitude of the towers were fixed and recorded on the survey documents and reports. No change in the route/alignment of the towers was made thereafter at any stage. In compliance with the order of this Court status report was submitted by the respondents, wherein it was stated as under:- “ It is submitted that the route alignment as shown in the Annexure R-5 as also the Annexure R-7 was necessitated to be laid in the manner 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 (Part-3/Section-1 400 KV Lines) Published by Bureau of Indian Standards, New Delhi which inter alia provided CWP No. 12031 of 2009 8 under the Head Choice of Route that good farming areas, uneven terrains, religious places, civil and defence installation, industries, aerodromes and their approach and take off funnels, public and private premises, ponds, tanks, lakes, gardens and plantation should be avoided as far as practicable. A perusal of Annexure R-5 coupled with the Annexure R-7 it is submitted that if the route alignment between towers 154/0 to 156/0 is draw straight as proposed by the petitioner in the writ petition and as shown in the white in Annexure R-5 and in yellow colour in Annexure R-7, then the same is to go overhead and within the prohibited right of way area from certain constructions such as cremation grounds (Khasra No.21 of village Bhogpuri which has been shown as Panchayat Deh, in the column of ownership and in the column of name of cultivator as 'Maqbooja Ahlehanood' having an area of 39K-6M as per the jamabandi for the year 2006- 07 of the said village, which shall be produced for the kind perusal of this Hon'ble Court at the time of hearing), place of worship, houses and tubewells as also big trees which are required to be avoided and had been so avoided by the company which had been assigned the job of preliminary and detailed survey etc. for which the report CWP No. 12031 of 2009 9 was submitted on 7.8.2006 as already mentioned above. It may be pertinent to mention that the original of the above mentioned report dated 7.8.2006 inter alia pertaining to the installation of the Towers 154/0 to 156/0 had been produced before this Hon'ble Court on 24.8.2009 and which is readily available for the kind perusal of this Hon'ble Court. As per the above mentioned Indian Standard in Part-3/Section-2, Installation and Maintenance guide lines have been provided to carry out survey and clearing right of way and access roads etc. A minimum of 50 meters line clearance (right of way width) is required around the Transmission Line for technical and maintenance reasons. Keeping in view, inter alia, these standards the route alignment between Towers 154/0 and 156/0 was drawn as shown in the red colour in Annexure R-5 and Annexure R-7 as otherwise, as submitted above, if the route alignment is to be taken straight as proposed by the petitioner and as shown in the white in Annexure R-5 and in yellow colour in Anenxure R-7, the same would either pass over the religious place i.e. cremation ground, Mazaar, houses, large trees and also by the side of houses, tube-wells and large trees coming within the area of right of way as mentioned above. It is thus respectfully CWP No. 12031 of 2009 10 submitted that the route alignment as already done by the respondent-Corporation is in consonance with the standard laid down as mentioned above and not at the instance of and to benefit those whose land was falling in the straight line, as alleged by the petitioner in paragraph 9 of the writ petition. It may be very pertinent to mention that barring Towers 154/1 and 155/2 falling in the fields of the petitioner and another villagers, Om Parkash petitioner in CWP No.12740 of 2009, all other towers i.e. 154/0, 155/0, 155/1, 155/3 and 156/0 have already been erected. The last four of the above towers have been erected at the approximate cost of Rs.57 lacs. It is also submitted that if the change in route alignment as suggested by the petitioner is to be put in operation then apart from rendering the above mentioned four towers as useless and sheer wastage, even Tower No.156/0 will have to be dismantled to be replaced by Tower of 16 degree instead of its present design at 11 degree, for the reason that in its present shape this Tower 156/0 will not with stand the pressure f the overhead wires, thus incurring more of expenditure at the cost of public exchequer. An earnest and bonafide effort has been made by the Chief Manager of the respondent-corporation with the CWP No. 12031 of 2009 11 help of photographer to depict the ground situation in the context and the compliance of the order dated 24.8.2009, however, since the area/distance between towers 154/0 and 156/0 came to be around 2-1/1 k.m., the photographs taken may not fully meet the intent and the directions issued vide order dated 24.8.2009, however, to broadly put the ground (site situation) on record, the photographs taken appended herewith as Annexure R-8)” The petitioners have, however, disputed the status report. There is no ground to dis-believe the report submitted by the respondents as the officials, who had prepared the report, were acting in discharge of their official duty and had no animus against the petitioners. Thus, the implementation of the scheme had already begun and the towers had already been erected in the nearby villages of the petitioners. It is only in the fields of the petitioners that the towers are yet to be erected. The District Manager has passed the impugned order in terms of the Act. Under Section 16 of the Act, the District Magistrate has the power that if anybody causes any resistance or obstruction to the department then he can permit the telegraphic authority to enter the premises and carry on with the laying down of the towers etc. Sub Section (2) makes it clear that District Magistrate has to pass an order under sub section (1) and if any person resists the exercise of powers, the officer executing the same is free to proceed against that person as he has committed an CWP No. 12031 of 2009 12 offence under Section 188 of the Indian Penal Code. Since the petitioners were obstructing the respondents from carrying on with their work, the District Magistrate granted permission to the Power Grid Corporation India Ltd. to exercise construction work as per the provisions of the Act. The corporation was directed to adequately compensate the farmers for using their land as per law. Hence, the impugned order does not suffer from any illegality. The work carried on by the respondents is of public importance. The scheme has been formulated to strengthen the power system in Punjab, Haryana and Rajasthan. The delay in scheme is, thus, causing an irreparable loss to the respondents as well as to the general public. No ground for interference is made out. Accordingly, these petitions are dismissed. (SABINA) JUDGE November 04, 2009 anita