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SUPREME COURT OF INDIA
G.S. SINGHVI, V. GOPALA GOWDA, JJ.
Orissa Power Transmission Corporation Limited and others – Appellants
versus
Asian School of Business Management Trust and others – Respondents
CIVIL APPEAL NO. 6257 OF 2013 (Arising from SLP(C) No.8168 of 2013)
Decided On : 05-08-2013
Constitution of India, 1950 - Article 227 - Civil Procedure Code, 1950 - Section 11 - Electricity (Supply) Act, 1948 - Section 29 - Telegraph Act, 1885 - Section 16 and 17 - Indian Electricity Rules, 1956 - Rule 80 - building constructed - Transmission schemes - Publication of schemes Human Resources Development and Management Trust of India who had purchased some parcels of land in District vide sale deed raised objection against execution of scheme mentioned at item notification ground that two of transmission towers proposed to be erected would cross building constructed by it - Trust also requested appellant shift transmission towers and line to an alternative site – Held, Ratio of above extracted observations is that Court will not allow a party to pursue two remedies simultaneously - Proposition laid down by Court does not help cause of respondent Instead same can be relied upon for holding that Division Bench of High Court committed an error by setting aside order of Single Judge who had non suited respondent on ground that it had not only availed parallel remedies but pursued same till appeal filed against order of Single Judge was entertained - Finding recorded by Division Bench of High Court that scheme was not in consonance with Sections of Act is also erroneous - In response to observation made by High Court filed further affidavit paragraphs which are extracted - Nomenclature of schemes like are only indicative in nature for internal project planning while actual construction takes place after survey of line and alignment and tower spotting are finalized in accordance with notified scheme - These details are kept in office - Instant case land schedule etc not available but profile of said portion is available which is enclosed - Appeal allowed
JUDGMENT
G.S. SINGHVI, J.
1. Leave granted.
2. In exercise of the power vested in it under Section 29 of the Electricity (Supply) Act, 1948 (for short, ‘the Act’), Orissa State Electricity Board (for short, ‘the Board’) (predecessor of appellant No.1) framed about 50 transmission schemes, which were notified on 30.05.1991 to enable the licensees and other interested persons to make representations.
The notification was published in official gazette dated 20.7.1991. For the sake of reference, the relevant portions of the notification are extracted below:
“The Orissa Gazette
EXTRAORDINARY PUBLISHED BY AUTHORITY No.857 CUTTACK, SATURDAY JULY 20, 1991 / ASADHA 29, 1913
ORISSA STATE ELECTRICITY BOARD BHUBANESWAR
NOTIFICATION
The 30th May 1991
No.4459- In accordance with Section-29 of Electricity (Supply) Act, 1948, the following transmission schemes which the Orissa State Electricity Board intends to undertake for execution, are published for general information. It is also notified in the interest of general public that any person interested in making representation regarding the execution of the above schemes, may submit such representation in writing so as to reach the Secretary, Orissa State Electricity Board, Bhubaneswar-751007 within 2 (two) months from the date of publication. Full details of the schemes and the plan may be seen in the Office of the Chief Engineer (Planning, Monitoring and Coordination), Orissa State Electricity Board, Bhubaneswar on any working day during office hours.
A) 220 KV LINES
Sl. No. Name of the Scheme (Rs.In lakhs)
2 220 KV DC line from Meramundali to Bhubaneswar (Chandaka) 150 Kms @ 14.47 lakhs/Km. 2170.5
(emphasis supplied)
3. Some of the aforesaid schemes were modified vide notification dated 30.01.1996, which was also published in Official Gazette dated 15.2.1996. That notification reads as under:
“The Orissa Gazette
EXTRAORDINARY PUBLISHED BY AUTHORITY No.177 CUTTACK, THURSDAY FEBRUARY 15, 1996 / MEGHA 26, 1917
ORISSA STATE ELECTRICITY BOARD BHUBANESWAR
NOTIFICATION The 30th January, 1996
No. 589 - PL.II-PFC-18/95 - In partial modification of Schemes against Sl.No. 2 of Gazette Notification No. 857, dated the 20th July, 1991 and in accordance with Section 29 of Electricity (Supply) Act, 1948, the following transmission schemes which the Orissa State Electricity Board intends to undertake for execution, are published for general information. It is also notified in the interest of general public that any person interested in making representation regarding the execution of the above schemes, may submit such representation in writing so as to reach the Secretary, Orissa State Electricity Board, Bhubaneswar -751007 within two months from the date of publication. Full details of the scheme and the plan may be seen in the office of the Chief Engineer (Transmission Project), O.S.E.B., Bidyut Bhawan, Sahidnagar, Bhubaneswar-751007 on any working day during office hours.
Name of the Scheme :- Strengthening of transmission network in and around Chandaka Command area (Bhubaneswar) and Bidanasi (Cuttack) Command area as per the detail scope furnished below:
Necessity of the Scheme :-(i) To transmit power from the main pooling centre at Meramundali to Chandaka/Mendhasai Command area.
Establishment of new 220 KV network at Bidanasi (Cuttack).
Improve the reliability of power supply in Chandaka (Bhubaneswar) Command area.
Improvement of voltage profile in Bhubaneswar, Cuttack, Puri, Khurda, Jagatsinghpur Transmission System
Scope of Work
Sl. No. Scope of Scheme Approximate estimated cost in lakhs of rupees
11 Meramundali-Chandaka/Mendhasal (bhubaneswar) 400 KV DC line. ( 110 Kms. ) with 220 KV bay extension at Chandaka and IVIeramundali. 5,918.00
2 Chandaka(Bhubaneswar)-Bidanasi (Cuttack) 220 KV DC line with bay Extension(25 Kms.). 990
3 Construction of 2 x 100 MVA, 220/132 KV substation at Bidanasif Cuttack). 1,368.00
4 Bidanasi (Cuttack)-Nuapada (Cuttack)132 KVDC link line with bay Extension (13.6 Kms.) 880
Total 9,156.00 lakhs
(emphas
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