ASHOK KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of this present petition in the nature of public interest litigation, the petitioner has prayed for following reliefs:

(2.) It is the case on behalf of the petitioner that if 132/33 KVA capacity Grid Sub-Station is constructed at the present place where the same is being set up, the same is likely to have more financial burden. It is also the case on behalf of the petitioner that, therefore, the petitioner and others made representation before the appropriate authority for change of location, which would have a lesser financial implication, however, the same has been turned down and construction of the Sub-Station is carried on, which shall not be in the larger public interest.

(3.) In response to the notice issued by this Court, the respondents have appeared through their counsel and a detailed counter affidavit is filed on behalf of respondent Nos. 9 to 13 justifying the construction of the Power Grid Sub- Station at the present location. It is submitted that the land suggested by the petitioner and others available at Madhopur and Habibhauar is fully private land and also litigation is going on which is pending in the court of S.D.M., Benipur. On the other hand, the land available at Alinagar is Government land of 4.60 acres, which is found to be cheaper than the land of Madhopur and Habibhauar and that too is also found technically feasible for construction. The construction is being carried out at present place that of any other which is a Government land.