Courts should not interfere with technical decisions regarding infrastructure setup made by competent authorities.

S.S. Nijjar, A.C.J. - The petitioner Gram Panchayat aggrieved against the action of the respondents shifting the 33 KV Sub-Station from Village Banwala to Village Risalia Khera has approached this Court and has also sought quashing of the tender notice issued by the respondents on 20.5.2006 (Annexure P-7) Package B serial No. 7. It is alleged that respondent No. 6 Executive Engineer belongs to Village Risalia Khera and, therefore, the said 33 KV Sub- Station is being shifted to his village from Village Banwala.

2. We have heard learned counsel for the parties at length and also perused the written statement. It has been denied that the decision to set up a new 33 KV Sub-Station at Village Risalia Khera is a result of exercising of colourable powers by the Dakshin Haryana Bijli Vitran Nigam Ltd. (DHBVN) under any influence. It has been submitted that the matter was decided on merits after due consideration by taking into consideration the following facts :-

"(a) Village Risalia Khera is large in area and population as compared to village Banwala. The population of village Banwala was 3979. A true extract photo copy of the report of Census of India of 2001 of Distt. Sirsa showing the populations of both the villages are attached herewith as Annexure R-5/5.

(b) That total number of electricity connections under various categories i.e. Domestic, commercial, agriculture, L.T. Industrial in village Raisalia Khera is much higher than in village Banwala. There are total 802 electricity connections existing/pending connections in village Banwala. A photo copy of the status of existing/pending connections in two villages is attached herewith as Annexure R-5/6.

(c) The scheme for creation of 33 KV Sub-Station of village Banwala as well as Raisalia Khera is to benefit 6 villages namely Banwala, Raisalia Khera, Bijuwalia, Ramgarh, Rattakhera and Rajpura. The geographical location of villages is such that village Banwala is situated at the tail end of the benefiting area whereas Raisalia Khera is located at the center of the area proposed to be benefited by creation of new Sub-Station in that area. A photo copy of the Rough Site Sketch is attached herewith as Annexure R-5/7. Technically the Sub-Station should always be located at the central place of the proposed area to be fed. As the location of Sub-Station at Central place minimizes the length of 11 KV lines to be fed from this Sub-Station. The location of 33 KV Sub-Station at load center of village Raisalia Khera will reduce the creation of new 11 KV lines by at least 6 KM for feeding various villages under the scheme and same will also reduce the expenditure to the tune of Rs. 12.00 lacs. Also setting up of 33 KV Sub-Station at village Raisalia Khera being the load center will ensure better voltage and quality supply for all the affected villages.

(d) The proposal of 233 KV Sub-Station at village Banwala involves creation of new 33 KV line of length of 16 Kms whereas creation of 33 KV Sub- Station at village Raisalia Khera involves creation of new 33 KV lines of 12 Kms length i.e. the length of new 33 KV line is 4 KM less in case of village Raisalia Khera as compared to the proposal at village Banwala. The expenditure in creation of new 33 KV lines is Rs. 4 lacs per KM and the Nigam will save Rs. 16 lacs in setting up 33 KV Sub-Station at village Raisalia Khera. Hence, the proposal at village Raisalia Khera is more economical.

(e) The grounds on which the proposal for creation to 33 KV Sub- Station at village Banwala was deferred by Chief Engineer/PD&C during 2004 still exist, rather the same have became more critical. The proposal was deferred due to non-availability of spare capacity at 132 KV Sub-Station, Odhan to feed the proposed 33 KV Sub-Station, Banwala. There is only one 16/20 MVA 132/33 KV Power T/F at 132 KV Sub-Station, Odhan (feeding Sub-Station). It is feeding the following 33/11 KV Power T/F at various Sub-Stations :-

1. 33/11 Power T/F at Odhan = 8 MVA

2. 33/11 Po