JUDGMENT

S.K. MISHRA, J. - In this writ petition, the petitioner, an Educational Trust has sought directions against the opposite party No.1-Orissa Power Transmission Corporation Ltd. to suitably change the course/route of their scheme of construction of 132 KV connected transmission line from the LOC No.67/132 KV. S/C line Budhipada-TarkeraCKT.1 to 132/33 KV sub-station, Kalugaon so that it would not pass over the land of the petitioner given in the schedule. The petitioner assails that the action of the opposite parties is unauthorized and illegal as they have forcibly constructed electrical towers and threatened action of drawing High Tension 132 KV electrical line over the petitioner’s land without following provisions contained in the Works of Licensees Rules, 2006.

2.The petitioner claims that it has purchased the land described in the schedule of property in the writ petition measuring an area of Ac.4.62 decimals from the original owners. Then, it has applied before the Tahasildar, Panposh-Kuamunda for allowing the lands to be recorded as Gharabari for the purpose of construction of building for Engineering and Management College after getting due permission from the competent authority. When the construction was going on, the workers accompanied contractor came over the land and without taking permission of the petitioner started digging in the middle of the petitioner’s land. The petitioner objected to their unauthorized action. The contractor replied that he acted as the A.G.M., OPTCL, Jharsuguda directed him for construction of a tower over the said land, which would facilitate drawing of higher tension of 132 KV electrical transmission line over the land. The petitioner submitted that it has no prior knowledge of about the same and has not been given a notice about the fact nor consent taken from him. It is further pleaded by the petitioner that it came to know from the office of the opposite party No.3 that the course/route of the transmission line has been prepared in a zigzag manner in order to escalate cost of the project and to protect the land of influential persons from being affected by the project. The petitioner submits that if the opposite parties have taken care to draw the line in straight way, the petitioner as well as the private persons would not be affected by such construction of high tension transmission line. The patch of the land of the petitioner is shown in the map appended to the writ petition.

3.On further enquiry, the petitioner came to know that opposite party No.2 has given advertisement in Odiya daily “Khabara” in its 02.08.2011 edition, wherein it has been notified that the works of installation of new 132/32 Grid under R.I. Circle, Kalugaon is intended to be undertaken and the persons, who are interested in making representation regarding the execution of the aforesaid work may submit such representation in writing to the opposite party No.2 within two months from the date of publication of the notification. In the said advertisement, it was also given that full details of the scheme and plan of the work may be seen in the office of concerned Assistant General Manager (Electrical) on any working hour during office hour. The petitioner claims that the OPTC Ltd. has published the Notification in a newspaper, which is not widely circulated daily in Rourkela and as such it is difficult on the part the petitioner and or any of the persons affected with the aforesaid work to know about the advertisement.

The petitioner submitted that in exercise of the power conferred under Clause (e) of Sub-section (2) of Section 176 read with Sub-section (2) of Section 67 of the Electricity Act, 2003, the Central Government had formulated Rules with regard to the works of the licensee which is the Works of Licensee Rules, 2006. Rule 3(1)(a) of the said Rules provides that a licensee may carry out works, lay down or place any electric supply line or other works in, through, or against, any building, or on, ov