Shri Vivek Brajendra Singh vs State Government of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Bom) 635

2012(3) ALL MR 130
In the High Court of Bombay at Nagpur
THE HONOURABLE MR. JUSTICE S.A. BOBDE & THE HONOURABLE MR. JUSTICE PRASANNA B. VARALE

Shri Vivek Brajendra Singh & Others
Versus
State Government of Maharashtra & Others
WRIT PETITION NOS.256 OF 2012, 257 OF 2012, 258 OF 2012, 259 OF 2012, 260 OF 2012, 261 OF 2012, 262 OF 2012, 263 OF 2012, 308 OF 2012, 309 OF 2012, 533 OF 2012, 659 OF 2012, 691 OF 2012, 693 OF 2012 WITH WRIT PETITION NOS.2675 OF 2011, 3178 OF 2011, 3681 OF 2011, 3682 OF 2011, 3699 OF 2011, 5811 OF 2011, 5812 OF 2011, 5813 OF 2011, 6093 OF 2011, 6094 OF 2011, 6317 OF 2011, 6395 OF 2011 & CIVIL APPLICATION NOS.336 OF 2012, 451 OF 2012, 452 OF 2012, 338 OF 2012, 399 OF 2012, 337 OF 2012
Decided on: 22-03-2012

Advocates appeared:
For the Petitioners:Tushar Mandlekar, P.R. Puri, U.M. Aurangabadkar, S.V. Sohoni, R.P. Joshi with Mrs. M.P. Munshi, M.M. Agnihotri, Advocates. For the Respondent: Mrs. B.
H. Dangre, N.W. Sambre, Addl. Govt. Pleader, D. B. Yengal, D.P. Thakre, T.H. Khan, P.D. Kothari, AGP, Mrs. Kalyani Deshpande, S. V. Manohar, Senior Advocate with G.E. Moharir, K. H. Deshpande, Senior Advocate with Mr. G.E. Moharir, for MSETCL, Mrs. Gauri Vyankatraman, Anoop Parihar, Union of India, S.K. Mishra, Addl. Solicitor General, V.A. Bagaddeo, Advocates. For the Intervener:Tekade h/f A.S. Mardikar, Advocates.

Headnote:ELECTRICITY ACT, 2003 - Sections 2(5), 2(36), 39 and 164 - Laying of electric lines. Purpose of laying of electric lines from intrastate to inter- state will not be changed by mere provision of interconnectivity with national grid.
       Telegraph Act, 1885 - Sections 3(5) and 10 - "Post" for placing telegraph lines. - Since a tower supports a line hence must be construed to be a "post" within meaning of Section 3(5) of Act.
       Telegraph Act, 1885 - Sections 10 and 16 - Enquiry under Section 16 of Act - Issues as to whether State Government can issue a Notification in respect of law which can only be enacted by Parliament and whether Government of Maharashtra is an appropriate Government or not, are outside scope of enquiry.
       Telegraph Act, 1885 - Sections 10 and 16 - Laying of telegraph lines - Authority, under Section 10 of Act, only empowered to lay down electric lines and not vested with uncanalized arbitrary powers.
       Telegraph Act, 1885 - Sections 10(c) and 12 - Laying of electric lines on lands of local authorities. If local authority aggrieved by laying of electric lines on their lands, they only can raise such issue.
       ELECTRICITY ACT, 2003 - Sections 67, 68 and 69 - Telegraph Act, Sections 10 and 19-B - Constitution of India, Articles 14, 19 and 31- A - Validity of provisions of Acts. Provisions of Electricity Act contained in Part VII of Act and provisions of Telegraph Act contained in Part III of Act, not violative of Articles 14 and 19 of Constitution.
       ELECTRICITY ACT, 2003 - Sections 67 and 164 - Authorization - Authorization under Section 164 of Act cannot be made only for purpose of proper co-ordination of works.
       ELECTRICITY ACT, 2003 - Section 164 - Authorisation for placing electric lines. - While granting authorisation in favour of transmission company for placing electric lines, any notice or hearing to public at long or to specific land owners at stage of planning of route not necessarily required.
       ELECTRICITY ACT, 2003 - Section 164 - Telegraph Act, Sections 10 to 16 - Laying of electric lines on agricultural lands. Laying of electric lines over agricultural lands without obtaining consent of owner or occupier, is not violative of Section 12(2) of Electricity Act, 1910.
       ELECTRICITY ACT, 2003 - Section 164 - Telegraph Act, Sections 10 and 16 - Constitution of India, Article 21 - Validity of provisions of Acts - Since high tension 400 KV electric lines is to be placed over agricultural fields and not over residential area hence provisions of Act not violative of Article 21 of Constitution.

Judgment :-

S.A.BOBDE

1. By these petitions, the petitioners, who are owners and occupiers of land, have in effect challenged the laying of a 400 KV electric transmission line from KoradiII to Wardha (Power Grid). The laying of the electric line involves the construction of towers in the land of the petitioners. Though the challenges are not common to all petitions, the petitioners have questioned the vires of Section 164 of the Electricity Act, 2003 and Section 10 of the Indian Telegraph Act, 1885. They have also challenged the notification dated 24.08.06 issued by the Government of Maharashtra under Section 164 of the Electricity Act, 2003, empowering the Maharashtra State Electricity Transmission Company Ltd. (hereinafter referred to as the “Transmission Company”) to exercise the powers of a Telegraph Authority for the purpose of laying of an electric lines. The petitioners have also challenged the various orders of the District Magistrate under Section 16(1) of the Indian Telegraph Act, 1885 permitting the transmission company to exercise the powers of laying an electric lines after finding that the resistance or obstruction of the petitioners is not justified and further directing the to pay requisite compensation to the petitioners in accordance with law within a period of one month from the date of completion of the work.

THE PROJECT:

2. The respondent no.2 Transmission Company has set up a power station at Koradi for generation of electricity. The respondent no.2 is a Government Company within the meaning of Section 617 of the Companies Act and it has planned the construction of a transmission line for 400/220 KV from Koradi to Wardha. Both the terminal points where the power is generated and where it is meant to reach are within the State of Maharashtra. By now, according to the respondents, at least 80% of the work is completed.

3. This project is known as “Construction of 400 KV DCDC line from 400 KV Koradi to 400 KV Wardha (PG)”. The estimated cost is Rs.36,137/- Lakhs. The completion period for the project is two years. Since it is necessary to lay an electric line for the purpose of transmission of energy, in the same manner as a telegraph line, the Government of Maharashtra, in exercise of powers under Section 164 of the Electricity Act, 2003, conferred powers of a telegraph Authority on the Maharashtra State Electricity Transmission Company Ltd. by an order dated 24.08.06. This company is engaged in the business of transmission of electricity generated in the State of Maharashtra. The respondent no.2Transmission Company has been thus conferred with the powers of a telegraph Authority for the purpose of placing of electrical lines for transmission of electricity for the proper coordination of work. This authorization under Section 164 is a general authorization for placing of electrical lines generally and not for a specific electric line.

OBSTRUCTION BY PETITIONERS AND ORDER THEREON UNDER SECTION 16 OF THE INDIAN TELEGRAPH ACT, 1885.

4. The Maharashtra State Electricity Transmission Company Ltd. has undertaken the task of laying the electric line in question known as the 400 KV Koradi to Wardha (PG Transmission Line). The panel through the lands of many people along the way from Koradi to Wardha; a distance of over 100 Kms. The petitioners are occupiers of land along the route of the proposed electric line. Since there was resistance and obstruction to the laying of the line from the petitioners, the Transmission Company preferred an application to the District Magistrate, Nagpur under Section 16(1) of the Indian Telegraph Act, 1885 for permission to continue the work of transmission lines.

5. In the application to the District Magistrate, the Transmission Company submitted that the work of construction of the line has been awarded to one M/s. COBRA – KCL (J.V.) who has been obstructed by the petitioner and the matter has been reported to the police; that the work of transmission line is getting stalled on ac

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