PILLAMMA Vs. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL,

JUDGEMENT

(1.) The petitioner has assailed the order dated 22.10.2012 in Case No.MAG.CR.19/2011-12 passed by the District Magistrate and Deputy Commissioner, Bangalore Rural District, Bangalore, at Annexure-F to the writ petition inter alia seeking a direction to the respondents to produce the original project/scheme and the route map which has been sanctioned and notified in respect of the project in question.

(2.) The Karnataka Power Transmission Corporation Limited('KPTCL') envisaged number of schemes to facilitate transmission of powers by installing power lines, sub-stations and other infrastructures in Karnataka. One such project is "Construction of 220 KV LILO Line to the proposed 220/66 KV Hoskote station from the existing 220 KV HOODY-KOLAR SC line for a distance of 13.12 Km". In order to implement this project, the KPTCL conducted an extensive survey through experts. The scheme/project was prepared and approved in accordance with the provisions of Section 68 of the Electricity Act, 2003 and Sections 28 and 29 of the Electric (Supply)Act, 1948 r/w the Karnataka Electricity Reform Act 1999 and respective Rules.

(3.) It is the contention of the petitioner, they are the absolute owners of Sy.No.10/1A and 10/1B, Jinnagara village, Jadigenahalli Hobli, Hoskote Taluk, Bangalore Rural District, measuring 2 acres 23 guntas. The power line was required to be drawn as per the Scheme or Project through the adjoining land of Sy.Nos.110 and 116. However, after survey was conducted and scheme envisaged was notified, the adjoining owner Sri.Nagaraj constructed a poultry farm and brick lane. The respondents in order to help Sri.Nagaraj, proceeded to divert from the scheme under original survey which resulted in the diversion of power lines through the property of the petitioner wherein, he is carrying on agricultural operations. The primary ground of filing the writ petitions was, the respondents approached the learned District Magistrate and Deputy Commissioner, Bangalore Rural, by filing a petition under Section 16(1) of the Indian Telegraphic Act, 1885 (Act, 1885 for short) r/w Section 164 of the Indian Electricity Act, 2003 (Act, 2003 for short) and the same was allowed, dehors the order of temporary injunction granted by the Additional Civil Judge & JMFC, Hoskote in O.S.No.253/2010 which was pending adjudication.