VISHAL PROJECTS PRIVATE LTD. Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Since the issue involved in both these writ petitions is one and same, they are heard together and being disposed of by this common order at the admission stage itself.

(2.) Both these writ petitions are filed by M/s. Vishal Projects Private Limited, which is involved in the business of construction of villas/residential houses. During the course of its business, it has undertaken a project for construction of gated community independent houses, named as "Vishal Sanjivini" over the land admeasuring Ac.35.00 guntas in Sy.Nos. 161, 162, 165, 166/P, 167/P and 168/P of Srinagar Village, Maheshwaram Mandal, Ranga Reddy District duly entering into development agreements with the respective land owners. The petitioner has completed the 70% of the project work and most of the purchasers have also occupied the houses. While so, in order to meet the increased demand in power consumption, the official respondents have decided to erect a 132/33 KV Sub-station at Kandukur in Ranga Reddy District along with connecting 132 KV & 32 KV lines. During the course of execution of the said project, since the construction of HT towers, through the project of the petitioner, is likely to take place, the respondent authorities inspected the site of the petitioner and asked the staff of the petitioner to vacate the site. Hence, the petitioner submitted representations to the respondent No. 4, the Superintending Engineer, on 17.02.2020, 01.03.2020 and 23.05.2020 seeking details of the project, namely the number of towers that would be erected in the land, the route map of the towards, etc. Since there was no response, the petitioner had filed W.P. No. 9368 of 2020 challenging the action of the respondents. This Court, by order dated 29.06.2020, disposed of the writ petition with the following directions:-

(3.) Thereafter, the petitioner had submitted a detailed representation on 23.07.2020 to the respondent No. 4 duly suggesting the two alternate route maps that can be explored in order to avoid the petitioner's project. According to the petitioner, alternate route proposed by it passes through the Master Plan Road and agricultural land, unlike the developed housing residential projects. But, the respondent No. 4 rejected the representation of the petitioner, vide orders dated 21.09.2020 without exploring the alternate options proposed by the petitioner. If the proposed towers are laid across the project of the petitioner, the HT lines would pass through the independent houses, thereby endangering the lives of inmates/occupants of the houses. Hence, the petitioner again filed a review petition on 12.10.2020 to the respondent No. 4 to review its order dated 21.09.2020. However, the respondent No. 4 did not take any action thereon and the officials came to the project of the petitioner on 03.11.2020 for excavation of the site for erection of towers. Although the Hyderabad Metropolitan Development Authority ('HMDA'), vide its letter dated 05.11.2020 conveyed their 'no objection' for laying of the proposed towers along the 30meters Master Plan Road, the respondents are not taking any steps to save the project of the petitioner. Subsequently, by proceedings dated 13.11.2020, the respondent No. 4 rejected the review petition filed by the petitioner.