MAHESHKUMAR G. GARODIA Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) The question that arises for consideration in this writ petition filed under Article 226 of the Constitution of India is what would be the effect of work of laying transmission towers under provisions of the Indian Telegraph Act, 1885, (for short, "Act of 1885"), being carried out on the strength of a restraint order passed under Sec. 16(2) of the Act of 1885, which order is subsequently revoked as having been issued without jurisdiction?

(3.) The facts lie in a narrow compass. The 2nd respondent - Kharghar Vikhroli Transmission Ltd. ("KVTL) is a licensee under Sec. 14 of the Electricity Act, 2003 (for short, "Act of 2003") and is empowered to transmit electricity in terms of the Transmission License issued to it. KVTL was granted the work of setting up a 400 KV Receiving Station and laying of associated transmission towers for strengthening the Mumbai Transmission System. After obtaining all requisite permissions, including the leave of this Court, as required by paragraph 83(viii) of the directions issued in Public Interest Litigation No.87 of 2006 (Bombay Environmental Action Group and Anr Vs. The State of Maharashtra and Ors.), KVTL commenced the said work. It was required to install forty-seven transmission towers, out of which seven towers were located on the lands leased in favour of the petitioner. An area to the extent of 1,250 sq.mtrs. was to be affected by the five towers to be erected. There being an obstruction caused by the petitioner while undertaking the work of laying down the transmission towers, KVTL approached the office of the Resident Deputy Collector and Additional District Magistrate under Sec. 16 of the Act of 1885. On 3/5/2023, the Resident Deputy Collector and Additional District Magistrate passed a prohibitive order against the petitioner restraining him from causing any obstruction when the aforesaid work was to be undertaken. An opportunity was granted to the petitioner to put-forth his say on 17/5/2023. This order is the subject matter of challenge in the present writ petition that was filed on 9/5/2023.