U.B. Saha, J.

1. In this writ appeal, the Appellants who were the writ Petitioners in WP (C) 6196/2007 ('Appellant-Petitioners') challenged the judgment and order dated 2.7.2010 whereby and whereunder the learned Single Judge of this Court dismissed the writ petition of the Appellant-Petitioners.

2. Heard Mr. A. Choudhury, learned Counsel for the Appellant-Petitioners and Mr. B.D. Das, learned standing Counsel for the Assam State Electricity Board ('ASEB'). Respondent Nos. 1, 2 and 3.

3. Brief fact headed to be discussed are as follow:

Appellant-Petitioners are the residents of Narengi Housing Colony, who raised question in their writ petition relating to the proposal of the Respondents to carry the 11KV/33KV high tension electricity lines over the land of the Appellant-Petitioners, which according to them is illegal and without any authority of law. The prayer of the Petitioners in the writ petition was for diversion of the said 11KV/33KV high tension electricity lines through a particular PWD road which is safer for the inhabitants of the locality. It is also pleaded in the writ petition that they are the allottee and purchaser of the respective plots of land described in paragraph 2 of their writ petition and there is a road through the housing colony to a place called Seuj Nagar. According to them the Respondents have also considered the said Seuj Nagar road put under that PWD road and for that, certain amount of money have been mobilized for the development of the said road. It has also been stated in the writ petition that them are high power over head electricity line, one carrying about 11 Kilo Volts and the other about 33 Kilo Volts which were installed by the Respondent No. 1 many years back, even before the Housing Complex area was acquired by the Respondent No. 4, Assam State Housing Board and they are passing through the housing complex area of the Appellant-Petitioners from Narengi Para station to MES Satgaon and some other destinations for power supply, Not only that subsequently the Respondents, more particularly, Respondent Nos. 4, 5 and 6 had verified, surveyed and allotted various plots of land near and beside these high tension lines and also granted permission for construction of houses.

4. Appellant-Petitioners and some other people of the locality of the aforesaid housing colony have constructed their respective houses with care and caution following the norms of construction of house near and beside the said high tensions lines, even though many accidents took place near and beside the high tension lines in and around the residential area.

5. Further case of the Appellant-Petitioners before the writ Court was that the Respondents had prepared a draft proposal for diverting the 11KV high tension lines through the PWD road and carry the same through Seuj Nagar road and further forward it to Narengi and such a proposal has already been accepted, approved and sanctioned by the PWD and Electricity Authorities but the Respondents, more particularly, Respondent No. 1, ASEB in an illegal and arbitrary manner and in violation of the terms and condition of and the draft proposal plan have decided to divert the aforesaid 11KV high tension lines through and over the houses of the Appellant-Petitioners without any prior information or notification.

6. Being aggrieved by the action of the Respondents, the Appellant-Petitioners had submitted representations from time-to-time but the Respondents did not heed to their representations and ultimately, they challenged the action of the Respondents by way of filing the aforesaid writ petition.

7. The Respondents have filed their counter affidavit denying the contentions raised by the Appellant-Petitioners in their writ petition. The case of the Respondents, inter alia, that the people who have constructed their houses near the high tension lines, did not give any notice to the ASEB.

8. Further, pleaded case of the Respondent No. 1 before the writ Court was that the power. su