The authority of the respondent to shift transmission towers under the Electricity Act and the entitlement of aggrieved parties to compensation under the Indian Telegraph Act.

ORDER :

1. The instant petition has been filed for the grant of following substantive relief(s):

“(I) Pass an appropriate writ, order or direction to respondents to implement Survey2/Annexure; P7 or the respondents may be directed to conduct another survey in such a manner so the rights of the petitioners are affected.

(ii) The public notice issued by the respondent HPSEBL dated 14.8.2020/Annexure P3 and survey1/Annexure; P6 be quashed and declared as null void by way of passing an appropriate writ or order or direction against the respondents and in favour of the petitioners.

(iii) The orders passed by the learned Deputy Commissioner dated 14.12.2020 Annexure P9 be also set aside, quashed and declared as null and void;

(iv) That in the alternative the petitioners prays that the respondents be directed to conduct Survey-3 alternative in the presence of the affected parties.”

2. At the very outset, it needs to be observed that the instant petition is an outcome of the directions passed by this Court in CWPIL No. 212 of 2017, whereby the authorities were directed to shift the High Tension Transmission line along/besides Parwanoo to Dhalli, NH5.

3. Petitioner No. 1 is running a university whereas the remaining petitioners are the residents of village Wakana. The work of National Highway-5 from solan to Kaithlighat is being undertaken by respondent No. 2 and the lands of the petitioners are adjoining this highway. The transmission towers of the HPSEBL are abutting NH-5 and the same, in terms of order passed in CWPIL No. 212 of 2017 were required to be shifted, for which purpose the HPSEBL deposited a sum of Rs. 7.01 crore excluding the land acquisition cost. These transmission lines are being shifted from Parwanoo to Shimla at the request of respondent No. 2-NHAI.

4. In this background, respondent No. 1 issued notification under Section 164 of the Electricity Act, 2003 and also published a public notice in the local newspaper on 14.8.2020 and thereafter filed a petition under Section 16(1) of Indian Telegraph Act, 1885, after complying with the mandatory provisions of Section 10 of the Indian Telegraph Act, 1885, against the petitioners and the same was decided by the District Magistrate, Solan on 14.12.2020.

5. The petition was contested only by petitioner No. 1, whereas remaining petitioners did not put in appearance and were proceeded exparte. In terms of the order passed by the District Magistrate, Solan, the authorities were directed to render all assistance to respondent No. 1 for shifting the transmission towers, subject to payment of compensation, in case of any damage to the property, including the property of the petitioners.

6. Respondent No. 1,thereafter obtained the necessary No Objection Certificates (NOCs) from all the concerned authorities for shifting the transmission towers and it is only thereafter that it had proposed to shift the transmission towers, which were coming in the way of four laning work of National Highway-5 from Solan to Kaithlighat.

7. It is on the directions of the District Magistrate that respondent No. 1 tried to find an alternate route for conducting a fresh survey, but the alternate route was found to be not possible, as the proposed route was found to be the best route, causing minimum inconvenience and hardship.

8. In such circumstances, the moot question is whether the petition, for the relief as prayed for, is maintainable?

9. After going through the contentions of the parties, it is pertinent to refer to Section 164 of the Electricity Act, 2003 and Sections 10 and 16(1) of the Indian Telegraph Act, 1885, which read as under:

“164. Exercise of powers of Telegraph Authority in certain cases:

The appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee or any other