BHARTI Vs. DEPUTY FOREST CONSERVATOR

JUDGEMENT

(1.) Heard.

(2.) The petitioner, pursuant to steps taken to install a stone crusher in field Survey No.8/2, portion of which was converted for non-agriculture use to the extent of 0.40 R, was issued a no-objection certificate by the Maharashtra Pollution Control Board on 20/4/2021. The petitioner had made an online application for grant of LT- Industrial category connection on 18/12/2020 with the respondent no.3-Executive Engineer, Maharashtra State Electricity Distribution Company Limited (MSEDCL), Arvi, with a contract demand of 187 KVA. Since such connection was not immediately granted, the petitioner had approached the Consumer Grievance Redressal Forum, Nagpur. By the order dtd. 4/3/2021 the grievance of the petitioner was partly allowed by directing the MSEDCL to provide new service connection within the specified time limit as per Standard Operating Procedure(SOP) Regulations, 2014 after obtaining clearance from the Forest Department. The petitioner was directed to submit necessary documents to the MSEDCL for such compliance. The MSEDCL was thereafter directed to release the LT connection after obtaining clearance of the Forest Department. In view of aforesaid direction, the MSEDCL on 23/4/2021 issued a letter to the Forest Officer, Ashti Region, District Wardha stating therein that for providing connection to the petitioner, the 11 KV electricity line would be required to be taken through the area of the Forest Department connecting Malkapur and Panchala. Consent of the Forest Department for laying down the electricity lines was thus sought. The present writ petition came to be filed on 4/12/2021 seeking a direction that the respondent no.2-Forest Officer be directed to consider the application as made by the MSEDCL dtd. 23/4/2021 within a stipulated time in the matter of grant of permission to erect the electricity poles and also to lay down the High Tension (HT) line.

(3.) After the notice was issued in the writ petition, it was brought to the notice of the Court on 22/6/2022 that the Forest Officer on 26/7/2021 had decided the application that was moved by the MSEDCL on 23/4/2021. The Forest Officer in the communication dtd. 26/7/2021 had stated that after inspecting the sight, it was noticed that some portion of 11 KV HT line would be passing through the forest area and about twenty-five electricity poles were required to be erected. Since the forest area was liable to be affected by erection of electricity poles, such permission could not be granted. The request as made by the MSEDCL came to be rejected. By amending the writ petition a challenge has been raised to the communication dtd. 26/7/2021 issued by the Forest Officer.