LAWS(DLH)-2010-9-251

GYANANDRA KUMAR Vs. BSES RAJDHANI POWER LTD

Decided On September 30, 2010
GYANANDRA KUMAR Appellant
V/S
BSES RAJDHANI POWER LTD Respondents

JUDGEMENT

(1.) The petitioner, a resident of a house in street No.14-A, Sadh Nagar, Palam Colony, New Delhi-110 045, has filed this writ petition averring that an electricity pole in front of Raj Dairy in the aforesaid street had been illegally installed; that the said electricity pole obstructs traffic and the vehicles from turning into the street and causes inconvenience to the residents of the locality at large. It is further averred that the said electricity pole is bending towards the road and needs to be lifted vertically. The complaints made in this regard by the petitioner having not met with any success, the present petition has been filed seeking directions against the respondents BSES Rajdhani Power Ltd. (BSES RPL) and the MCD to remove the said electricity pole and to lift the same vertically.

(2.) Notice of the petition was issued. The respondent No.3 MCD has filed a short affidavit stating that the electricity pole is a part of public utility service and cannot be termed as encroachment on public land under the Delhi Municipal Corporation Act, 1957. It is further stated that the respondent no.3 MCD has not given any permission to respondent no.1 BSES RPL or any other person for installing the pole in question.

(3.) The respondent no.1 BSES RPL has also filed a counter affidavit stating that street No.14-A is very narrow having a width of only 15 feet; that the said electricity pole does not cause any disturbance to the traffic; it feeds the supply of electricity connections of more than 100 consumers on the said street; that the pole cannot be shifted due to technical reasons as it maintains the electricity supply to street No.14-A and there is no alternative space available where it can be located. It is further pleaded that the pole was erected about 10 years ago and is not falling; that on receipt of complaints from the petitioner, the pole was got inspected and it was found that though the same is bending slightly but is firmly rooted in the earth with concrete and is completely safe and unlikely to fall. It is further pleaded that there is no space available to provide any support to the said pole. It is also denied that the pole causes any inconvenience. It is assured that whatever safety measures are required to be taken have been taken.