BSES RPL Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) AN avoidable controversy between the BSES Rajdhani Power Ltd. (BRPL) and the National Highways Authority of India (NHAI) forms the subject matter of these two petitions. Writ Petition (C) No. 13974 of 2009 concerns the refusal by the NHAI to grant permission to the BRPL to dig/excavate a pit on National Highway No. 2 (NH2) at Okhla Mod, New Delhi to carry out urgent repairs of the damaged/faulty 11 KV underground electricity cables of the Petitioner No.1. It is stated that these cables provide electricity to thousands of consumers in the Zakir Bagh area.

(2.) WRIT Petition (C) No. 13975 of 2009 concerns the refusal by the NHAI to permit the BRPL to excavate a pit on NH2 at Sarita Vihar again to carry out urgent repairs of the damaged/faulty 11 KV underground electricity cables of the Petitioner No.1 which is stated to be providing electricity to thousands of consumers at Sarita Vihar and Madan Pur Khadar areas. It is stated that similar permission for carrying out the repair work in Badar Pur area was granted and in fact the NHAI had undertaken to pay the costs of such repairs.

(3.) HE submits that in both these instances, the NHAI undertook the expansion of the NH2 under the National Highways Development Project (NHDP) without seeking prior permission of the BRPL, which after the privatisation of the electricity supply in the National Capital Territory of Delhi, is placed in the same position as the State Electricity Undertaking in terms of the above rules.