CHANVAR SINGH Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Petitioner, an agriculturist, having his agricultural land in village Punjla/Pundla, Jodhpur, bearing Khasra No.299, 304, 305, has filed this writ petition to question the erection/construction of 220 KV D/C Banar-Surpura Line by Upgradation of Existing 132S/C Banar-Surpura Line for supply of electricity undertaken by the respondent Rajasthan Rajya Vidyut Prasaran Nigam Ltd. (RRVPNL). The aforesaid construction is being carried out by RRVPNL pursuant to notification No.RVPN/CE/T&C/Sec.5/F.180(TL)/D-518 whereby, powers have been granted to Chief Engineer, RRVPNL for erection of electricity lines/electric plants for the transmission of electricity.

(2.) The precise contention of the petitioner is that respondent authorities are installing electricity poles on his revenue land without any authority as their entry in his agricultural field is wholly unauthorised. The petitioner has questioned the action of the respondents with a specific plea that the notification referred tonowhere empowers the respondents to do so but they are installing the poles at the cost of putting the rights of the petitioner to jeopardy. Referring to the notification, the petitioner has further pleaded that the notification nowhere authorizes respondent-RRVPNL to lay electricity line at village Punjla/Pundla, and therefore, their action is in gross violation of petitioner's legal rights and the action is also dehors the principles of natural justice. The petitioner, on the strength of these pleadings, has prayed for undermentioned reliefs:-

(3.) On behalf of respondents No.2 & 3 reply to the writ petition is submitted. In the return, it is submitted that the GSS situated at Surpura is having capacity of 400 KV, and GSS situated at Banar was initially having capacity of 132 KV which was ordered to be upgraded from 132 KV to 220 KV and thereupon competent authority issued approval for the same on 26 th August, 2011 after survey and fixing the route for laying lines. It is, in that background, as per respondents, GSS Banar was also linked with the transmission line of 132 KV from GSS Surpura, which is known as Banar-Supura Transmission Line. After upgradation of GSS Banar, as per the respondents, notification dated 17th November, 2011 was issued by exercising the powers under Section 164 of the Electricity Act, 2003 (for short, 'Act of 2003') as well as powers of Telegraph Authority under the provisions of Indian Telegraphs Act, 1885 (for short, 'Act of 1885') to place electricity lines for transmission of electricity for proper coordination of work by virtue of aforesaid notification. It is also submitted that earlier erroneously village Pundla was not mentioned in the notification dated 17.11.2011 but thereafter the said error was noticed and was rectified by issuing corrigendum notification No.RVPN/CE/T&C/Sec.5/F.180 (TL)/D-539 dated 13.12.2012, wherein name of village Pundla was also shown along with other villages. The copy of the notification is also placed on record with reply as Annex.R/1. It is also asserted in the reply that Section 10 of the Indian Telegraph Act empowers to place and maintain a telegraph line under, over, along or across and posts in or upon any immovable property. The power aforesaid of the Indian Telegraph Act was given to the appropriate Govt. by virtue of Section 164 of the Indian Electricity Act, 2003. By reproducing the complete text of Section 164 of the Indian Electricity Act, 2003, the respondents have submitted that from the perusal of aforesaid provision, it is clear that for placing electric lines/plants for transmission of electricity or telephonic/telegraphic communications necessary for proper co-ordination of works, the appropriate Govt. is empowered to confer upon any public officer, licensee or any other person engaged in business of supply of electricity in writing subject to conditions and restrictions, if any, as the Government may think fit to impose, and subject to provisions of Telegraph Act, any of powers which the telegraph authority possesses with respect to placing of telegraph line and posts. With these assertions, it is submitted that the State Government in exercise of power under Section 164 of the Act of 2003 and Section 10 of the Act of 1885 has conferred the powers vested with the Telegraph Authority under the Telegraph Act to Chief Engineer, RRVNL to erect electricity lines/plants for transmission of electricity/telephonic/telegraphic communications, as needed for proper co-ordination of the works, vide notification dated 28th February, 2004. It is, in that background, respondents have prayed that the contentions raised by the petitioner are absolutely unfounded and petition merits rejection.