PADMANAV PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners, who are the villagers of Kumudapali and Dalki Bandhtekra in the district of Jharsuguda, are assailing the action of the Opposite Parties with a prayer to direct the Opposite Parties to stop power supply of 33 KV electric line through the agricultural lands of their village and further to prohibit Opposite Party No.5 in this regard.

(2.) It is stated by the Petitioners that the lands over which the electric line is proposed to run have neither been acquired nor any intimation has been given to the villagers for the purpose. It is their further case that installation of such electric line over the private lands of the villagers is violative of OERC Code and the same will endanger their lives and livelihood. They are in possession of the cultivable lands since the time of their forefathers and using the same for agricultural purpose. Concerning such forcible action of the Opposite Parties more particularly, Opposite Party No.5 though a FIR has been lodged before the Jharsuguda Police Station on 3rd October, 2010 and another representation was made to the Collector, Jharsuguda, still neither the Police nor the Collector did take any action. The Petitioners further asserts that they came to know from reliable source that, the proposed 33 KV electric line is specially meant for Vedanta Company and the public would be no way benefited out of it. There is an alternative way to take said 33 KV electric line through the village roads instead of taking the same straight way through the agricultural lands. It is also stated that the proposed construction of the electric line is violative of the provisions of Electricity Act and Rules.

(3.) Out of several Opposite Parties in the array, Opposite Party No.5- Vedanta Aluminium Limited and Opposite Party No.8-M/s. Sterlite Energy Limited are the main contesting Opposite Parties.