M/S MAHALAXMI INDUSTRIES LIMITED THROUGH ITS PARTNER RAM LAL HAVING ITS REGISTERED OFFICE AT CHAK 481.500 RD, GRAM PANCHAYAT KHARA, BIKANER Vs. RAJASTHAN RAJYA VIDHYUT PRASARAN NIGAM LIMITED, THROUGH ITS SECRETARY, JAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners under Article 226 of the Constitution of India being aggrieved with the erection of electricity tower of 400 KV Line from Bhadla to Bikaner in the petitioners' factory premises.

(2.) The petitioners have stated in the petition that the petitioner Nos.2 and 3 are running a factory of manufacturing bio-fuel situated in Chak 481.500 RD of Tehsil Bikaner, District Bikaner. It is further averred in the petition that the Chief Engineer, Rajasthan Rajya Vidhyut Prasaran Nigam Limited accorded sanction for right of way for erection/construction of 400 KV D/C Bhadla-Bikaner Transmission Line vide notification dated 04.07.2013 issued by Energy Department, Government of Rajasthan under section 164 of the Electricity Act, 2003 (for short 'the Act of 2003') as well as powers available being the Telegraphic Authority as per the provisions of the Indian Telegraph Act, 1885 (for short 'the Act of 1885'). As per the said notification, the said electricity line is to be erected through the various villages enlisted in the notification dated 04.07.2013. It is averred in the writ petition that the petitioners' land being part of Chak 481.500 RD is not mentioned in the notification dated 04.07.2013, however, the respondents are erecting pillar in their factory premises without any authority. In the writ petition, it is also claimed that while erecting a 400 KV Line, the respondents have unauthorisedly erected the pillar in the factory premises of the petitioners in violation of the provisions of Works of Licensees Rules, 2006 (for short 'the Rules of 2006') framed by the Central Government in exercise of the powers conferred by clause(e) of sub-section (2) of section 176 read with sub-section(2) of section 67 of the Act of 2003.

(3.) It is also contended in the writ petition that the respondents are not following the Construction Manual for Transmission, 2007 while erecting the pillar in the factory premises of the petitioners for the purpose of 400 KV Line. The petitioners have therefore, prayed that the respondents be restrained from erecting the pillar for 400 KV Line from Bhadla to Bikaner in their factory premises; the construction as is going on for erecting the said pillar be stopped and whatever the construction carried out till date be removed. The petitioners have also prayed for damages caused to their building and also prayed for damages for litigation, harassment and mental agony suffered by the petitioners. In the writ petition, the petitioners have also provided details regarding earlier writ petition filed by them before this Court and SLP filed by them before the Hon'ble Supreme Court.