BISWANATH SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) PETITIONERS , seven in number, claiming to be the residents of village Nisha in the district of Angul have filed this writ petition by way of Public Interest Litigation averring that they have filed this writ petition in the interest of the residents of village Nisha. They have sought for a direction to opposite parties not to take any action to the detriment of the villagers of Nisha before complying with the rehabilitatory measures under the law.

(2.) THE case of the petitioners is that M/s. Monnet Power Company Ltd.(MPCL)-O.P. No.7 has entered into a Memorandum of Understanding with the opposite party No.1- Government of Odisha to set up a Thermal Power Plant at Mallibrahmani in Angul district. Ministry of Power,Government of India-O.P. No.6 has also accorded approval for construction of transmission line from MPCL power plant to Power Grid Corporation of India Ltd. (PGCIL)'s pooling station at Angul by their letter dated 18.10.2011 as per Annexure-2 and the District Magistrate, Angul, namely, O.P. No.4 also accorded permission to carry out the construction activities of the transmission line vide order dated 23.04.2012. According to the petitioners, though most of the land have been acquired in the village, residential area of the said village has not been acquired and the O.P. No.7 is drawing high voltage transmission line above the residential area of village Nisha and that endangers the residents of the village. In this regard, villagers have raised their grievances before the Revenue/Administrative authorities by sending representations dated 7.2.2013 and 6.3.2013 highlighting the drawing of high voltage transmission line in the residential area of the village and for not providing rehabilitation measures to the residents as contemplated under law, but no action is taken. It is also averred by the petitioners that purchase of land by O.P. No.7 is illegal because the same has not been notified in accordance with law, namely, under Section 73(c) of the O.L.R. Act.

(3.) ACCORDING to opposite party Nos. 7 and 8, they have made a substantial investment of Rs. 3,700 crores in the project and it is almost ready to evacuate the power from its plant. Further, though the petitioners are claiming to be the residents of village Nisha, no proof of residence has been annexed in the writ petition and nothing is there on record to substantiate their claim regarding residence. It is also averred that though one Himansu Ranjan Singh has affirmed the averments in the writ petition, there are no documents indicating the authorization given to him by the other petitioners to swear this affidavit. It is also stated in the counter that by letter dated 18.10.2011 under Annexure-I/7, the Ministry of Power, Government of India granted approval to the opposite party No.7 for construction of the dedicated transmission line from its power plant to Angul Pooling Station and on 20.10.2011, the Ministry of Power prescribed a modified procedure for obtaining authorization under Section 164 of the Electricity Act, 2003 and as per the said procedure, opposite party No.7 advertised the proposed transmission scheme in two daily local newspapers dated 02.07.2011 and 03.07.2011 and further a notice was published in the Official Gazette on 04/10.02.2012 as per Annexure-K/7 series calling for objection if any. However, no representation/objection was received from the general public in respect of placing of transmission lines and thereafter on 01.06.2012 under Annexure-L/7, the Ministry of Power granted approval under Section 164 of the Act to the opposite party No.7. By order dated 23.04.2012 the District Magistrate-O.P. No.4, in exercise of powers under Section 16 of the Indian Telegraph Act, 1885, authorized the opposite party No.7 to carry out construction of 400 KV transmission line from the premises of MPCL to the PGCIL's Pooling Station and construction has been permitted over both Government and the private land as per Section 10(d) of the Indian Telegraph Act, including at village Nisha, Tahasil Chhendipada in the district of Angul. It is stated that O.P. Nos. 7 & 8 have already paid compensation equal to Rs.1.15 lakhs to 4 land owners in the villages who would be affected by the construction of the line and they are also in the process of negotiating with other village residents on whose land the towers are proposed to be established.