JAIPUR DEVELOPMENT AUTHORITY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Respondent No. 3 Smt. Shashi Jain, writ petitioner, is owner of plot No. 595 measuring 272 square yards situated in Mahaveer Nagar, Tonk Road, Jaipur. Mahaveer Nagar, Tonk Road, Jaipur where the plot of respondent No. 3 is situated, is an approved colony. She had deposited development charges at the rate of twenty-five rupees per square yards. The construction plan submitted by the respondent No. 3 was duly approved by the Jaipur Development Authority, the appellant, on 2-4-1985. When the plot was purchased and the permission was sought for for construction, a High Tension Line (HTL) of electricity was passing over the plot of the respondent No. 3. On an enquiry, she was informed by the Jaipur Development Authority that the HTL will be shifted along the road side. On 15th Dec. 1995 one Shri Sarvesh Jain received serious burn injuries on account of the HTL passing over the plot and the constructed building of the respondent No. 3 and thus a writ petition was filed by the respondent No. 3 seeking relief that HTL passing over her plot be removed immediately. The respondent No. 3 sought further appropriate writ, order or direction directing the respondents (in the writ petition) to shift the entire electricity line and poles from the residential colony of Mahaveer Nagar, Tonk Road, Jaipur which falls over the residential plots of the residents of the Colony. The learned single Judge vide its order dated 15-10-1997 has allowed the writ petition in part and directions were given as under :-

(2.) Thus the learned single Judge has granted relief to the respondent No. 3 (writ petitioner) as regards to prayer made for removal of HTL her plot on deposit of the cost by the Jaipur Development Authority with the Rajasthan State Electricity Board. So far as the general relief claimed in the writ petition for removal of entire electricity line and poles from the residential colony of Mahaveer Nagar, Tonk Road, Jaipur which falls over the residential plots of residents of Mahaveer Nagar, no writ, order or direction was passed. Aggrieved by the directions issued by the learned single Judge , the Jaipur Development Authority has come in the appeal.

(3.) It is submitted by the counsel for the Jaipur Development Authority that directions to deposit the amount for removal of the HTL by the J.D.L. is contrary to law particularly so when the plot was purchased by the respondent No. 3 the HTL of electricity was in existence over her plot and brought to our notice Rule 82 of the Indian Electricity Rules, 1956.