IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Ravi V.Hosmani
Emmanuel Vincent D'sa, S/O Ignatius D'sa – Appellant
Versus
Union Of India, Rep By Its Secretary, Ministry Of Power Government Of India, Shram Shakti Bhawan, Rafi Marg, New Delhi – Respondent
ORDER :
Ravi V Hosmani, J.
This writ petition is filed for following reliefs:
a) Issue a writ of certiorari or any other appropriate writ, order or direction to declare that the prior approval granted by the 2nd respondent Central Electricity Authority, under Section 68 of the Electricity Act, 2003 , under File No. CEA-PS-12-14(20)/1/2018-PSPA-II Division dated 18.01.2019, granting prior approval for laying of Udupi (UPCL) Kasargode 400 kV Quad DIC transmission line, at ANNEXURE -A, is arbitrary, unreasonable, passed without application of mind and without following the principles of natural justice, violates Articles 14, 19(1)(g), 21 and Article 300A of the Constitution of India and quash the same;
b) Issue a writ of certiorari or any other appropriate writ, order or direction to declare the Notification No. F. No. CEA-PS-12-14(21)/1/2018-PSPA-II Division dated 31st August 2021 and published in the Gazette of India dated 14th October 2021, issued by the 2nd respondent Central Electricity Authority, under Section 164 of the Electricity Act, 2003 , at ANNEXURE -B, is without authority of law, arbitrary, unreasonable, passed without application of mind and without following the principle
Challenging prior authorizations under the Electricity Act requires adherence to due process; res judicata applies if claims were previously adjudicated.
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