MINA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties. Petitioner is aggrieved because of construction of electric poles adjoining to the boundary wall of the petitioner and under constructed angles for laying down overhead electric wire of 11 KVA over the petitioner's land and constructed house and mango trees. He has consequently sought direction upon the respondents to remove all the electric installations which have been erected adjoining the boundary wall of the petitioner's premises which structure (angles) are illegally transgressing over the land, trees and house of the petitioner.

(2.) Counsel for the petitioner has stated at para 7 in the writ petition that under constructed electric poles are touching the mango trees and building of the petitioner which is causing a grave threat to the life and property of the petitioner. Petitioner has enclosed the photographs in the writ petition as well as in the I.A. No. 1422 of 2013 to submit that the poles in question which are perched with the angles are touching the petitioner's building. Counsel for the petitioner has relied upon Section 79 and 80 of the Indian Electricity Rules, 1956 in which it is stated that in the matters of laying of transmission lines minimum clearance prescribed horizontally as well as vertically as indicated therein are to be ensured by the respondent authorities.

(3.) Respondent-Board on the other hand has appeared and filed their counter affidavit. It is stated on their behalf that the electrification of certain village in which the petitioner is also a resident is being carried out by lying transmission lines and erection of poles. Certain poles which have been erected are not over the plot no. 2716 and 2717 which are said to be petitioner's plot rather they have been erected on the flank of the road and obviously not encroaching the petitioner's plot. Counsel for the respondent-Board has also relied upon the provision of Section 53 and 68 of the Electricity Act, 2003 to submit that for laying down the electric lines not exceeding 11 KVA, which is being done in the present case, not even prior approval of the appropriate government is required by the licensee-Board. The Board/licensee is however enjoined to ensure that no injury and damage to the property of any person is caused. It is further submitted that electrical transmission lines are being carried out for supply of proper electricity in respect of which none of the villagers except the petitioner has objected. He has further submitted that mere perusal of the photograph annexed to the writ petition and the I.A. would show that the transmission lines alleged to be laid down are not in fact touching or going over head of any building in question. Counsel for the petitioner orally however submits that the building is under construction and transmission lines ought not transgress over the property of the petitioner which are obviously threatening the life and property of the petitioner.