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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Rajesh Kumar & Anr. – Appellants
Versus
State Of Haryana & Ors. – Respondents
CWP No. 17595 of 2021 (O&M), CWP No. 19741 of 2021 (O&M) and CWP No. 19904 of 2021 (O&M)
Decided On : 19-04-2022
ELECTRICITY ACT - Section 164 - Telegraph Act - Section 10 & 16 - Specific Relief Act - Section 20A & 41(ha) - Works of Licensees Rules, 2006 - Rule 3 - Conferment of powers of Telegraph Authority - Exercise of powers - Resistance or obstruction - Permission of District Magistrate - Public notice - Hearing of objections - Compensation - Infrastructure project - Injunction - Held, under Section 164 of the Electricity Act, the Governor of Haryana/competent authority could have imposed conditions while conferring power upon the licensee under the Telegraph Act, but cautiously such conditions have not been imposed in respect of hearing of any person before exercising powers under the Telegraph Act. Admittedly, such powers have been conferred unaffected by such conditions, therefore, it is only the provisions of Telegraph Act which would govern the matter in issue. The right available to the affected person is only to seek quantum of compensation on account of damage caused by the authority and not per se right of the authority to cause such damage. Therefore, public notice issued by the competent authority cannot be held to be bad for want of necessary particulars viz. name, place and description of land etc. The licensee is not under obligation even to issue such public notice.
Fact of the Case:
Petitioners approached the Court for issuance of a writ in the nature of certiorari/mandamus directing the official respondents not to change the directions of 132 KV S/C line on D/C tower from 132 KV Sub-Station, Shekhpura Jagir (Nagla Megha) to Karnal Co- op. Sugar Mill Ltd. from TL No.14 against the site plan approved by the Haryana Space Application Centre (hereinafter referred to as 'the HARSAC') as the official respondents are changing the alignment of 132 KV due to pressure of respondent No.6, who is real brother of local MLA. Petitioners have sought quashing of impugned notices dated 24.02.2021 and 27.02.2021 issued for erection of transmission lines for creation of 132 KV S/C lines from 132 KV Sub-Station Shekhpura Jagir (Nagla Megha) to Karnal Co-operative Sugar Mill, Karnal and issuance of directions to the respondents to consider the options given by the petitioners in a time bound manner and opt for shorter alternative passages connecting the 132 KV Sub- Station Shekhpura Jagir (Nagla Megha) to Karnal Co-operative Sugar Mill, Karnal as well as the alternative proposal to connect 132 KV Sub Station Shekhpura Jagir (Nagla Megha) to Co- operative Sugar Mill, Karnal by laying or erection of 33 KV Line at 33 KV voltage level, following the natural trajectory of right of way and further by seeking report/opinion from an independent agency.
Finding of the Court:
The Court held that under Section 164 of the Electricity Act, the Governor of Haryana/competent authority could have imposed conditions while conferring power upon the licensee under the Telegraph Act, but cautiously such conditions have not been imposed in respect of hearing of any person before exercising powers under the Telegraph Act. Admittedly, such powers have been conferred unaffected by such conditions, therefore, it is only the provisions of Telegraph Act which would govern the matter in issue. The right available to the affected person is only to seek quantum of compensation on account of damage caused by the authority and not per se right of the authority to cause such damage. Therefore, public notice issued by the competent authority cannot be held to be bad for want of necessary particulars viz. name, place and description of land etc. The licensee is not under obligation even to issue such public notice.
Issues: Whether the conferment of powers of Telegraph Authority under Section 164 of the Electricity Act requires a hearing of objections from affected persons before exercising powers under the Telegraph Act.
Ratio Decidendi: The Court held that the conferment of powers of Telegraph Authority under Section 164 of the Electricity Act does not require a hearing of objections from affected persons before exercising powers under the Telegraph Act. The right available to the affected person is only to seek quantum of compensation on account of damage caused by the authority and not per se right of the authority to cause such damage.
Final Decision: The Court dismissed the writ petitions.
JUDGMENT
Raj Mohan Singh, J. - Vide this common order, CWP Nos.17595, 19741 and 19904 of 2021 are being decided.
2. In CWP Nos.17595 and 19904 of 2021, petitioners have approached this Court for issuance of a writ in the nature of certiorari/mandamus directing the official respondents not to change the directions of 132 KV S/C line on D/C tower from 132 KV Sub-Station, Shekhpura Jagir (Nagla Megha) to Karnal Co- op. Sugar Mill Ltd. from TL No.14 against the site plan approved by the Haryana Space Application Centre (hereinafter referred to as 'the HARSAC') as the official respondents are changing the alignment of 132 KV due to pressure of respondent No.6, who is real brother of local MLA.
3. In CWP No.19741 of 2021, petitioners have sought quashing of impugned notices dated 24.02.2021 and 27.02.2021 issued for erection of transmission lines for creation of 132 KV S/C lines from 132 KV Sub-Station Shekhpura Jagir (Nagla Megha) to Karnal Co-operative Sugar Mill, Karnal and issuance of directions to the respondents to consider the options given by the petitioners in a time bound manner and opt for shorter alternative passages connecting the 132 KV Sub- Station Shekhpura Jagir (Nagla Megha) to Karnal Co-operative Sugar Mill, Karnal as well as the alternative proposal to connect 132 KV Sub Station Shekhpura Jagir (Nagla Megha) to Co- operative Sugar Mill, Karnal by laying or erection of 33 KV Line at 33 KV voltage instead of 132 KV voltage level, following the natural trajectory of right of way and further by seeking report/opinion from an independent agency.
Since all the writ petitions involve similar controversy, therefore, for brevity common facts are being noticed.
4. Vide Memo No.Ch-113/CETS-09 dated 18.06.2019, Memorandum of Understanding (for 'the MOU') was executed between the Haryana Vidyut Prasaran Nigam Limited (for short 'the HVPNL) and HARSAC for preparation of shortest possible route of upcoming transmission of HVPNL. The above MOU was signed between the HVPNL and HARSAC on 12.06.2019. As per the decision of the Board of Directors (BOD), the route plan of all the upcoming transmission of HVPNL is to be got conducted from HARSAC by using Geographic Information System (GIS) by each of the XEN/TS under TS Zone as per the terms and conditions of the MOU signed with HARSAC. The HARSAC is a nodal agency of Haryana Government for all geo-informatics applications related activities. HARSAC has the expertise and infrastructure facilities related to remote sensing and GIS. The matter regarding GIS was discussed in the meeting of Whole Time Directors (for short 'the WTD') HVPNL. In the meeting dated 22.12.2020 a decision was taken with reference to scope of work, commercial proposal, roles and responsibilities and manpower requirement. After due deliberations, the MOU was given final shape. The MOU details the modalities and the terms and conditions for conducting the route survey for construction of 66 KV and above voltage level power transmission lines of HVPNL in the State of Haryana and to define the rights and obligations of either party thereto and other arrangements between the parties. The MOU came into force w.e.f. 12.06.2019 and will be reviewable after five years with the mutual consent of both the parties. According to terms and conditions optimized single route line will be provided by HARSAC, however, there may be some scope of minor changes on the request from HVPNL. The HARSAC will initiate the work after receiving 100% payment in advance. This MOU was for whole State of Haryana.
5. On 19.01.2021, XEN TS Divn, HVPNL, Karnal wrote to HARSAC regarding invoice for route alignment for relaying of 132 KV H.T. line from new switch yard Karnal Co-op Sugar Mill to HVPNL sub station Shekhpura Jagir. Request was made to submit the invoice as per terms and conditions of MOU between HVPNL and HARSAC for necessary route survey of relaying of 132 KV H.T. line from new switch yard Karnal Co-op Sugar Mill to HVPNL sub station Shekh
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