VIVEK BRAJENDRA SINGH Vs. STATE GOVERNMENT OF MAHARASHTRA THROUGH ITS SECRETARY, INDUSTRIES ENERGY AND LABOUR DEPARTMENT MANTRALAYA MUMBAI MAHARASHTRA

JUDGEMENT

(1.) BY these petitions, the petitioners, who are owners and occupiers of land, have in effect challenged the laying of a 400 KV electric transmission line from KoradiII to Wardha (Power Grid). The laying of the electric line involves the construction of towers in the land of the petitioners. Though the challenges are not common to all petitions, the petitioners have questioned the vires of Section 164 of the Electricity Act, 2003 and Section 10 of the Indian Telegraph Act, 1885. They have also challenged the notification dated 24.08.06 issued by the Government of Maharashtra under Section 164 of the Electricity Act, 2003, empowering the Maharashtra State Electricity Transmission Company Ltd. (hereinafter referred to as the "Transmission Company") to exercise the powers of a Telegraph Authority for the purpose of laying of an electric lines. The petitioners have also challenged the various orders of the District Magistrate under Section 16(1) of the Indian Telegraph Act, 1885 permitting the transmission company to exercise the powers of laying an electric lines after finding that the resistance or obstruction of the petitioners is not justified and further directing the to pay requisite compensation to the petitioners in accordance with law within a period of one month from the date of completion of the work. THE PROJECT:

(2.) THE respondent no.2 Transmission Company has set up a power station at Koradi for generation of electricity. THE respondent no.2 is a Government Company within the meaning of Section 617 of the Companies Act and it has planned the construction of a transmission line for 400/220 KV from Koradi to Wardha. Both the terminal points where the power is generated and where it is meant to reach are within the State of Maharashtra. By now, according to the respondents, at least 80% of the work is completed.

(3.) IN the application to the District Magistrate, the Transmission Company submitted that the work of construction of the line has been awarded to one M/s. COBRA ? KCL (J.V.) who has been obstructed by the petitioner and the matter has been reported to the police; that the work of transmission line is getting stalled on account of the obstructions created by the petitioners as well as others and, therefore, the had to suspend further progress of the work and approach the District Magistrate under Section 16(1) of the INdian Telegraph Act, 1885. The Transmission Company assured to pay the requisite compensation to the petitioners and prayed for permission to carry out the work of 400 KV Koradi to Wardha Power Grid Transmission Line through the property of the petitioners and to locate towers. The District Magistrate issued notice to the petitioners, who filed replies to the applications and raised several objections to the grant of such permission. The petitioners raised several objections to the grant of the application, not all of which need to be reproduced, on all aspects of the matter including the ground of a health hazard due to the transmission line. The District Magistrate, however, came to the conclusion that the work has been undertaken by the under the statutory obligation imposed by Section 39 of the Electricity Act as it is a State transmission utility. The transmission of electricity is public work. That the route of transmission has been finalized after surveying and considering the feasibility, technical and engineering aspects. The District Magistrate, therefore, granted permission to the to carry out and continue the work of the transmission line under powers under Section 164 of the Electricity Act, 2003. The District Magistrate directed the Transmission Company to pay the requisite compensation in accordance with law.