RAJ PAL SINGH Vs. EXECUTIVE ENGINEER BYPL

JUDGEMENT

(1.) THE petitioner claims to be a resident of house situated on Khasra No.165, Chankya Marg, Chhajupur Road, Shahdara, Delhi. This writ petition has been filed seeking mandamus to the respondent No.1 BSES Yamuna Power Ltd. and the respondent No.2 MCD to remove and dismantle the transformer installed abutting the premises of the petitioner. It is the case of the petitioner that the transformer poses a danger not only to the petitioner and his family members but also to the others in the congested locality. It is further stated that the t-irons of the transformer are embedded in the wall of the premises of the petitioner.

(2.) NOTICE of the petition was issued.

(3.) SINCE the only reason why the petitioner seeks removal of the transformer is owing to the hazard posed by it, attention of the counsel for the petitioner is invited to the judgment dated 19th January, 2011 in W.P.(C) No.5885/2010 titled Rajesh Mehra Vs. B.S.E.S. Yamuna Power Ltd. where on examination of the provisions of the Electricity Act, 2003 and Indian Electricity Rules, 1956, it was held that the alternative efficacious remedy in such a situation is provided under Section 162 read with Section 185(2)(c) of the Electricity Act, 2003 read with Rules 29 & 52 of the Indian Electricity Rules, 1956, before the Electrical Inspector of the Govt. of NCT of Delhi. Appeal is also provided for, against the order of the Electrical Inspector to the Govt. of NCT of Delhi. It is not felt necessary to reproduce the provisions in this judgment.