JUDGMENT (CAV)

Rajan Gupta, J. - The present petition has been filed for restraining the respondents from erecting 132KV Transmission Tower on the residential/commercial land of the petitioner as also to direct the respondents not to use the raiyati land of the petitioner for erection of 132 KV Transmission Towers.

2. The learned counsel for the petitioner has submitted that the petitioner is the raiyat of the land bearing Plot No. 903, Khata No. 09, Thana No. 43, Mauza-Punadih, Circle-Patna Sadar, CD Block-Patna Rural, District-Patna. It is the further submission of the learned counsel for the petitioner that though adjacent/vacant lands are available but the respondent-Power Grid Corporation of India Limited, with oblique motives, has changed the original alignment of the proposed transmission line for the purposes of erection of 132 KV Transmission Towers/electricity high tension wires and now the respondents are seeking to erect the towers as also the high tension wires over the plot/land of the petitioner. Lastly, it is submitted that no notice was ever given to the petitioner about the proposed erection of 132 KV Tower as also laying of high tension electricity lines/wires. Therefore, the respondents be directed not to erect the towers/high tension wires over the plot of the petitioner.

3. Per contra, the learned counsel for the respondent-Bihar Grid Company Limited (herein after referred to as the "BGCL") has submitted, by referring to the counter affidavit filed in the present case, that the said Company is a Joint Venture of (i) Bihar State Power (Holding) Co. Ltd, constituted under the Companies Act, 1956 having its registered office at Vidyut Bhawan, Bailey Road, Patna & (ii) Power Grid Corporation of India Ltd., a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at B-9 Qutab Institutional Area, Katwaria Sarai, New Delhi. It is further submitted that the said Company was incorporated on 04.01.2013 under the Companies Act, 1956 and has been granted Transmission License by the Bihar Electricity Regulatory Commission, Patna on 21.06.2013. It is also contended that the aforesaid Company is a Transmission Licensee under Section 14 of the Electricity Act, 2003, which has been authorized to construct, maintain and operate inter-state transmission lines, sub-stations and associated installations approved under a scheme by Energy Department, Government of Bihar. It is also submitted that the Government of Bihar has conferred power of Section 164 of the Electricity Act, 2003 read with Section 10 of the Indian Telegraph Act, 1885, to BGCL, for placing and maintaining of electric lines under, over, along or across, in or upon any immovable property for the transmission of electricity.

4. On merits, it is submitted that two legs of Tower Locations No. 28/0, pertaining to 132 KV S/C Jakkanpur/Mithapur to Fathua Transmission Line at Jakkanpur (new), is falling in the land of the petitioner and in fact out of a total number of 105 towers, foundation of 97 towers has already been completed and 90 towers have also been erected whereafter the stringing work is also on the verge of being commenced.

5. Learned counsel for the BGCL has further submitted that so far as the contention of the petitioner regarding deviation in angles/alignment of towers and restraining the laying of transmission lines, is concerned, the same is not feasible inasmuch as this aspect of the matter was duly taken into consideration by the technical experts and moreover, if at all the request of the petitioner is to be accepted then the same would result in dismantling the entire transmission line which would further result in wastage of public money. In fact the alignment of the transmission towers/lines has been fixed after a detailed survey, as per the topography of the land with a view to cause the least damage and disturbance to the existing village/populated area. It is further submitted that the transmission