Orissa Power Transmission Corp.Ltd.& ... vs Asian School Of Business Mgmt.Trust ...

25. The facts brought on record show that in the suit filed by the Trust, the trial Court had granted an injunction, which was vacated by the lower appellate Court and the petition filed against the order of the lower appellate Court was dismissed by the High Court on the premise that respondent No.1 had purchased the land only in December, 2005 and the building was constructed in July, 2006 knowing fully well that negotiations with the officers of appellant No.1 had failed. The learned Single Judge further observed that it would be against public interest to pass an order which may necessitate dismantling of the entire line of numerous towers erected by spending public money. Even after dismissal of the petition filed under Article 227 of the Constitution and its failure to persuade the Court to sustain the order of injunction passed by the trial Court, respondent No.1 kept the suit pending and, at the same time, filed the second writ petition. This was a clear case of abuse of the process of the Court. It is a different thing that even in the second round, respondent No.1 could not persuade the learned Single Judge to entertain its prayer. The suit was withdrawn only after the writ appeal was entertained by the Division Bench of the High Court. This shows that respondent No.1 had availed parallel remedies and gave up its pursuit before the Civil Court only after the Division Bench of the High Court indicated its willingness to hear the writ appeal on merits.

(3) The Board or, as the case may be, the Generating Company may, after considering the representations, if any, that may have been received by it and after making such inquiries as it thinks fit, modify the scheme and the scheme so finally prepared (with or without modifications) shall be submitted by it to the Authority along with the representations.

going 220 KV Mendhasat-Bidanasi line with the existing operating 220 KV Mendhasal-Chandaka line at its Mendhasal end at Point-2D.

(a) As per the proposal Alternative which is Common to both Alternatives along with Alternative 2, if executed, will divert the existing 220 KV Mendhasal-Chandaka line as well as the 220 KV Mendhasal-Bidanasi line in question from the premises of ASBM. Any one such alternative can not divert either line. If this proposal i.e Common Alternative with Alternative 2 is worked out, it will involve erection of 7 Nos. of new towers along with the transmission line in the proposed route and eight Nos. of towers already constructed have to be dismantled/abandoned. The cost of such diversion will involve around Rs. 1 Crore excluding the amount of compensation payable to the land owners over whose land the line and towers are to be erected.

21. The reasons assigned by the concerned officer of appellant No.1 for not accepting the alternatives suggested by respondent No.1 were germane to the inability of appellant No.1 to change the alignment of the route and shift the transmission towers and the Division Bench of the High Court committed serious error by entertaining the prayer made by respondent No.1.

23. We also agree with Shri P. P. Rao that the learned Single Judge of the High Court had rightly refused to entertain the second writ petition and the Division Bench committed an error by setting aside the order passed by him. A careful reading of the relief clauses of the two writ petitions makes it clear that substantially similar prayer had been made in both the cases. The first petition which could be treated as one filed under Article 227 of the Constitution was dismissed by the High Court by assigning detailed reasons including the one that larger public interest outweighed the individual interest of respondent No.1. However, while deciding the writ appeal filed against the order passed in Writ Petition No.20659/2009, the Division Bench overlooked this vital factor and ordered shifting of the transmission line.

August 5, 2013.