A.CHANDRAHAS SHETTY Vs. THE DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioners have challenged the order dated 29.06.2015 in case No.CDS MAG (2) SR 04/2015-16 on the file of the respondent No.1 at Annexure-A to the writ petitions, interalia seeking for a direction to the respondent No.2 to consider the alternative land for the formation of 63 KVA transformer lines in other areas for the benefit of respondent No.3.

(2.) On the directions issued by this court, the statement of objections has been filed by the respondent No.1, submitting that no alternative land is available, the installation of one pole and fixing of a supporting wire in the another pole in the property of the petitioners would not cause any damage to the petitioners. There being no other land available through which distribution line could be drawn, the administration was bound to provide essential amenity i.e., electricity to respondent No.3 for running Poultry Farm, installing the poles in the land of the petitioners for which no consent of the land owner is required.

(3.) Learned counsel appearing for the respondent No.2 - MESCOM has filed his statement of objections wherein a similar stand has been taken that 63 KVA transformer is at a distance of 50.8 meters from the petitioners' land. It is for the purpose of supporting the existing line and 11 KVA H.T line, new poles are erected. The said poles are not disturbing the activities of the petitioners.