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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Mangi Lal S/o Shri Kishna Ram – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 17570 of 2022
Decided On : 24-04-2023
Specific Relief Act, 1963 - Land - Transmission line - Petitioners are agriculturists and khatedar tenants of the lands in question situated in Village - Respondent-Company, a government undertaking, is undergoing a project for establishment of towers and transmission line for providing connectivity system of Rajasthan Solar Park Development Company Limited - Respondent-Company came out with a public notice, publishing name of villages through which line would be passing, and tower would be installed thereat; objections were also invited from general public - Whether a court’s intervention in public works should be minimal. Smooth functioning of Public works projects can be effectively managed through a monitoring system and regulatory mechanism - As per learned counsel, impugned action of respondents pertaining to change in route of transmission line and installation of towers on lands in question, that too, without any prior mandatory intimation and approval, is not justified in law. Para 5
Finding of Court :
Respondent-Company changed route of transmission line in question and intimated to petitioners that said transmission line would be passing through petitioners’ lands i.e. - Petitioners filed a detailed representation before Sub-Divisional Officer (SDO), Bap, District against changed route of the transmission line afore-quoted provisions of law and the precedent law laid down in M/s N.G. Projects Limited (supra), observes that project in question, i.e. electricity transmission, is covered under aforementioned Schedule and in case relief as prayed for in present petition is passed - As observed by this Court in earlier order dated , there is a loss of electricity of about 13 lakhs units per day and that, it is a national public project, which has to be completed in larger interest of the public - In view of above-mentioned provisions of law, as also in light of aforementioned precedent laws laid down by Hon’ble Supreme Court, Court does not find it a fit case so as to grant any relief to the petitioners in present petition.
Result : Present petition is dismissed.
Petitioners' Submissions: - No prior notice or newspaper publication for route change, violating mandatory procedure. [17000645500002] - Original notices excluded petitioners' villages, rendering action illegal. [17000645500003] - Installation without acquisition proceedings or approval unjustified. [17000645500004]
Respondents' Submissions: - No route change; villages part of/notified Badi Sidd area per 2008 notification separating them. [17000645500006] - All approvals under Electricity Act Sections 68(1) and 164 secured, including CEA Gazette Notification dated 23.09.2021. (!) (!) - Petition delays public infrastructure project; Specific Relief Act Sections 20A and 41(ha) bar injunctions impeding such projects. (!)
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
“It is therefore, respectfully prayed that this writ petition may kindly be allowed and, by an appropriate writ order or direction:
(i) The record of the case may kindly be called for.
(ii) The impugned action of the authorities of respondent No. 5 by way of changing the route of transmission line and establishment/installment of towers upon the petitioners’ land situated in village Ranjeet Nagar and Jambheshwar Nagar-II deserves to be quashed and set aside.
(iii) The respondents may kindly be directed to install the transmission line as per the sanctioned route (district/tehsil/town/villages) published in the gazette notification dated 26.10.2021 (Annex.3) as well as in the General/public notice dated 23.09.2021 (Annex.2).
(iv) Any other writ, order or direction which this Hon’ble court deems just and proper in the facts and circumstances of the case may kindly be allowed to petitioner.
(v) Costs of the petition may be awarded to the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners are agriculturists and khatedar tenants of the lands in question situated in Village Jambheswar Nagar-II, Tehsil Bap, District Jodhpur. The respondent-Company, a government undertaking, is undergoing a project for establishment of towers and transmission line for providing connectivity system of Rajasthan Solar Park Development Company Limited for 925 MW Solar Park in Village Nokh, Tehsil Pokaran, District Jaisalmer, which would be connected connect to 765/400/220 KV Bhadla-II, Kan Singh Ki Sidd, Tehsil Bap, Distt. Jodhpur.
2.1. The respondent-Company came out with a public notice, publishing the name of the villages through which the line would be passing, and tower would be installed thereat; the objections were also invited from the general public. The information contained in the said public notice was also published in the Gazette Notification on 26.10.2021.
2.2. Subsequently, the respondent-Company changed the route of transmission line in question and intimated to the petitioners that the said transmission line would be passing through the petitioners’ lands i.e. Village Ranjeet Nagar and Jambheswar Nagar-II. The petitioners filed a detailed representation before the Sub-Divisional Officer (SDO), Bap, District Jodhpur against the changed route of the transmission line in question. The SDO conducted a joint meeting on 24.10.2021 with the petitioners, the concerned authorities as well as representatives of the respondent-Company. After completion of the said meeting, the SDO recommended that the transmission line should not be installed on the lands in question. However, the respondent-Company was bent upon the forcibly establish the 220 KV transmission line and electricity towers on the petitioners’ lands, without following the process of law and without undetaking the proceedings of acquisition.
2.3. Thus, being aggrieved by the impugned action of the respondents, the present petition has been preferred claiming the aforequoted reliefs.
3. Learned counsel for the petitioners submitted that before changing the route of the transmission line in question, the respondents did not give any prior notice, nor such an information was ever published in any of the daily newspaper having wide circular in the area concerned, which was a mandatory prerequisite under the law. Therefore, as per learned counsel, the respondents did not follow the due procedure before taking the impugned decision.
4. Learned counsel for the petitioners further submitted that the respondent-Company published a general notice on 23.09.2021 and the Gazette Notification, which clearly reveal that the transmission line in question will not pass throug
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