The main legal point established in the judgment is the application of the principle of res judicata, the rights of subsequent land purchasers in opposing approved construction, and the preference of public interest over private interests.

JUDGMENT :

B.N. Mahapatra, J. - This writ petition has been filed seeking directions to O.P. No. 1-Orissa Power Transmission Corporation Ltd., represented through its Managing Director, O.P. No. 2-Superintending Engineer [E.H.T.(C) Circle] and O.P. No. 3-Asst. General Manager, EHT (C) Division of Orissa Power Transmission Corporation Ltd., not to make any construction of transmission tower/line within the premises of the Petitioner and to take a final decision regarding re-routing/re-alignment of the 220/132 KV Mendhasaal-Bidanasi over-head line within a stipulated time after completion of the profile survey by the Petitioner.

2. Bereft of unnecessary details, the short facts leading to the present writ petition are that on 30.01.1996 the Orissa State Electricity Board prepared and notified a Scheme for strengthening the transmission network in and around Chandaka (Bhubaneswar) command area and Bidanasi (Cuttack) command area. The Scheme was publicized and gazetted in terms of Section 29 of the Electricity (Supply) Act, 1948 (for short, 'the Act, 1948') inviting objections from any person interested regarding execution of the Scheme within two months from the date of publication. The Scheme was duly concurred by CEA u/s 31 of the Act, 1948. Petitioner purchased the land in question by a sale deed dated 30.12.2005. Thereafter, the Petitioner filed Civil Suit No. 72/06 before the Civil Judge (Junior Division), Bhubaneswar and got an order of injunction on 26.04.2006 restraining O.P. No. 1-the Orissa Power Transmission Corporation Limited (for short, 'OPTCL') from making any construction in its premises. In F.A.O. No. 40/23 of 2006, the learned Ad hoc Addl. District Judge (FTC) No. 3, Bhubaneswar allowed the appeal filed by the OPTCL and set-aside the order of injunction against which the present Petitioner had filed writ petition bearing W.P.(C) No. 14806 of 2008. In the said writ petition, this Court vide its order dated 21.11.2008 confirmed the aforesaid order of Ad hoc Addl. District Judge (FTC) No. 3, Bhubaneswar. Thereafter, the present writ petition has been filed by the Petitioner with aforesaid prayers. In Misc. Case No. 17732 of 2009, this Court by an ex-parte interim order dated 31.12.2009 restrained the OPTCL from constructing over-head line on the relevant portion of the suit land. Further, this Court on 04.01.2010 directed that the order of status quo dated 31.12.2009 would remain operative till appearance of the opp. parties.

The intervention petition filed by Orissa Electricity Regulatory Commission (for short, 'OERC') was allowed and the intervenor-Petitioner has been added as opp. party No. 6 vide this Court's order dated 04.10.2010.

3. At the outset, Mr. N.C. Panigrahi, learned Senior Advocate appearing for opp. parties 1 to 3 and Mr. S. Mohanty, learned Counsel appearing for the intervenor-Petitioner raised preliminary objection regarding maintainability of the writ petition. It is submitted that the present writ petition is not maintainable on the ground that Civil Suit No. 72/06 filed before the Civil Judge (Junior Division), Bhubaneswar seeking self-same relief is pending, and the Petitioner cannot take recourse to the present position. Further, this Court has already considered the issue relating to Petitioner's right to oppose construction of transmission line in W.P.(C) No. 14806 of 2008, which was dismissed on 21.11.2008. Therefore, the Petitioner cannot agitate the same issue in the present writ petition. It was also submitted that the Petitioner cannot acquire a better right than that of its vendor possessed at the time of transfer of ownership of the land in question. It cannot be said that while purchasing the land in question, the Petitioner was not aware of the Scheme and OPTCL's right. The OPTCL has completed almost whole of the work under the Scheme by 26.04.2006 except for two towers and over-head lines to be laid on a small portion of the land in question. OPTCL has already invested rupees nine cr