UNION OF INDIA Vs. STATE AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the material available on record.

(2.) The petitioner Union of India through the Commander Headquarter 45, Border Road Task Force (BRTF), C/o 56 APO is aggrieved of the order (Annex.13) dated 9.2.2018 passed by the Jodhpur Development Authority (JDA), Jodhpur whereby, a 27 meters strip of land was allotted to the RRVPNL through the chunk of land allocated to the petitioner in village Badli for establishment of a residential colony and so also, the order (Annex.14) dated 14.2.2018 passed by the Superintending Engineer, RRVPNL whereby, he refused to afford sanction for shifting of the electricity line taken out through the said strip of land on the ground that the BRTC i.e. the petitioner herein did not communicate its consent to the RRVPNL for shifting of the tower.

(3.) At the request of learned counsel for the parties, this Court persuaded the respective officials to resolve the dispute through an amicable settlement. The Commissioner, JDA, Jodhpur was directed to act as a mediator. In furtherance of the said direction, a meeting was held in the office of the Commissioner, JDA, Jodhpur on 12.3.2018 wherein a proposal by mutual consent has been drawn up to shift the existing HT Tower to the edge of the land in question subject to the condition that the expenses are borne by the BRTF. On 16.5.2018, at the request of Shri Sanjeet Purohit learned counsel for the petitioner, this Court directed Shri C.P. Soni counsel appearing for the RRVPNL, to keep the Officer concerned of the RRVPNL present in the Court to explore the possibility that 50% of the expenses required for shifting of the tower may be equally borne by each of the parties. Shri N.K. Mathur, Superintending Engineer, RRVPNL present in the Court makes a statement that it would not be possible for the respondent company to bear even partial expenses for shifting of the line because of its extreme dire financial condition. He also expresses that even the shifting of the line itself would cause great difficulty because the line is meant to supply electricity to the pumping station commissioned at the Lift Canal and the drinking water supply to the city will be adversely effected.