RAMESH KUMAR Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) SUIT filed by the plaintiffs was dismissed by the trial court, though plaintiffs were set at liberty to claim damages due to erection of poles, wires and transformer vide judgment and decree dated 27.08.2004. Appeal preferred against the said decree failed and was dismissed on 18.08.2009. This is how, plaintiffs are before this court, in this regular second appeal, which is still at the motion stage without notice. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) IN short, a decree for mandatory injunction was claimed by the plaintiffs, directing the defendants to remove transformer, electric pole, shown in red colour from the plot, shown in green colour in the site plan, appended with the plaint. It was averred that plaintiffs happened to be the owners of the plot in question, comprised in khasra No.1582, measuring 8 marlas, which was a part of land measuring 3 kanals 6 marlas. It was maintained that defendants had erected a pole along with transformer and a wire was also affixed to lend support to the pole, in the property of the plaintiff. Another pole was installed in the passage and in case the electricity wires were taken from southern side to northern side, the site of the plaintiff would come underneath the wires and likewise, if the wires were taken from north to south, that would cause more damages to the vacant plot of the plaintiffs. In fact, there already existed a road in which other poles were erected and it was not explained as to why the PSEB erected transformer in the private land of the plaintiffs. A valuable right was alleged to have been taken away by the defendants, as no construction was possible once the electric wires were laid above the site in question. As defendants did not acknowledge the claim of the plaintiffs, thus, the suit.

(3.) IN defence, it was pleaded, inter alia, that the defendants were fully entitled to install the poles, lines, wires etc., pursuant to the provisions of Section 10 of the Indian Telegraph Act, 1885. The board as well as the telegraph authorities, under the Telegraph Act, 1885, were empowered to lay down or install any apparatus, wires, poles, transformers, lines, brackets etc. for supply of electricity. It was maintained that the plaintiffs could not claim any injunction restraining the board to perform its statutory functions. Further, it was denied that the defendants had installed a pole in the private property of the plaintiffs. In fact, the board had installed two H. Poles and a transformer was installed on the said poles. It was averred that the said poles were erected in the corner of the street and were causing no obstruction or hindrance to anybody. The height of the wires from the street was about 21/22 feet and the poles were installed at a distance of 2 feet from the edge of the street. There was an old transformer installed near the Modern Hospital. The said transformer had the capacity of 100 KV and was having capacity of 80 KV load. And on account of volunteered disclosure scheme regarding load, the consumers in the locality had increased their loads and thus, the old transformer was completely overloaded. That being so, it was necessary for the defendants to under -load the old transformer by installing new one. That is how, a new transformer of the capacity of 100 KV was installed in public interest. Moreover, before installing the said transformer, a site plan was prepared, that was in sync with the scheme approved by Additional Superintending Engineer, City Division, PSEB, Hoshiarpur as well as by the Chief Electrical Inspector, Patiala. The work in this regard was commissioned on 09.06.1999 and completed on 06.10.1999. And since that day, the new transformer was in operation. The wires were not causing any damage to the vacant plot of the plaintiffs. No transformer was installed in their private property. Therefore, the defendants prayed for dismissal of the suit.