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2023 Supreme(P&H) 3117
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RITU BAHRI, A.C.J., NIDHI GUPTA, J.
Dhandev Singh Dhillon – Petitioner
Versus
Union of India & Ors. – Respondents
CWP NO. 17274 of 2014 (O&M)
Decided On : 30-10-2023
None; For the Petitioner
Ms. Lavanya Paul, DAG, Punjab.
Ms. Somaya Goyal, Advocate for Respondent No. 2.
Mr. Vikas Chatrath and Mr. Rajbir Singh, Advocates for Respondent No. 3
Compliance with safety standards regarding high voltage transmission lines does not justify claims of health hazards without substantial evidence of risk.
Headnote:(A) Electricity Act, 2003 - Sections 68 and 164 - Central Electricity Authority Rules, 2010 - Health hazards from high voltage transmission lines - Petitioner seeks removal of transmission lines near residential area claiming they pose health risks; Respondents assert compliance with safety standards and necessary approvals; No unauthorized constructions reported in restricted area. (Paras 2-12)
(B) Health and safety - Guidelines on electro-magnetic fields cited - National Green Tribunal holds that extremely low frequency electro-magnetic fields do not pose health hazards. (Paras 7-9)
Facts of the case:
The petitioner seeks to remove high power transmission lines claiming health risks due to proximity to residential areas; respondents provide evidence of compliance with safety standards and assert safety of distances maintained.
Findings of Court:
The court concluded that no further direction is warranted as respondents have adhered to regulations and maintained safety distances.
Issues: Whether the locations of the transmission lines pose health risks to the residents and compliance with the safety regulations.
Ratio Decidendi: The court held that safety approvals were obtained as per statutory requirements, and no construction violations were found near the transmission lines, underscoring the adherence to safety standards.
Result: Writ petition disposed of.
| Table of Content |
|---|
| 1. health hazards from transmission lines are disputed (Para 2 , 4 , 5 , 6 , 9) |
| 2. approval process for transmission lines and safety regulations (Para 3 , 8 , 10) |
| 3. court's observations on health hazards in context (Para 7) |
| 4. no unauthorized constructions near transmission lines (Para 11 , 12) |
| 5. writ petition disposed without further directions (Para 13) |
JUDGMENT
Ritu Bahri, A.C.J.
CM-6747-CWP-2023
Application for placing on record affidavit dated 13.04.2023 on behalf of respondent No. 2 is allowed and the same is taken on record.
CWP-17274-2014
2. The petitioner is seeking direction to the respondents to resolve the grievances of the petitioners and residents of the area by removing health hazards created by high power transmission lines which are dangerous for human existence and further prayer is to issue writ of mandamus directing the respondents to remove or relocate the high voltage transmission lines from proximity of the village to the distance where residents of the village are not exposed to a magnetic field above 2 Milligaus and Static Electricity of 100 amps as per provisions of Rule 88(3) of CENTRAL ELECTRICITY AUTHORITY RULES , 2010.
3. On notice of this petition, reply by way of short affidavit of Varun Roojam, I.A.S., Deputy Commissioner, Patiala on behalf of respondent No. 4 dated 05.12.2014 had been filed. It is stated therein that a report was sought from the Additional Superintending Engineer/P&M Division, Punjab State Transmission Corporation Ltd. Ablowal, Patiala. The report was sent vide letter dated 09.11.2012. As per point No. 3 of the report, it was found that there can be any mishap at any time. After due consideration, it was written to the Chairman-cum-Managing Director, Punjab State Transmission Corporation Ltd. Patiala (Punjab) vide letter No. 581/DDPO/Reader dated 28.10.2014 (Annexure R-4/1) to take immediate step to save human life.
4. A separate written statement on behalf of respondent No. 2 dated 30.11.2014 had been filed by the Chief Manager, Powergrid, Patiala. It is stated in the preliminary objections that the properties of the petitioner are away from the main abadi of village Khalifewala and falls near one of the already constructed established and charged 400KV D/C Patiala- Ludhiana transmission line which was commissioned in the year 2011 after taking requisite approvals from the concerned authorities. This transmission line satisfies the distance parameters to be observed even from the building/construction which is being raised near the transmission line and it is not permissible to raise construction near the transmission lines which are already charged as per the rules and laws governing the transmission of electricity. The petitioner has his own farm house in the nearby area from where the transmission lines in question are passing through. The transmission lines have been constructed in larger public interest for providing electricity of Central Pool to the State of Punjab and he alleges to be hazardous of the residents of the village.
5. In response to the letters sent by the petitioner, the respondents have already replied stating that the transmission lines in question confirms to the Act and Rules relating to safety standards and the lines have been constructed and charged after taking due approval of the concerned authorities.
6. The details of the lines routed near Khalifewala village are as under:-
1. 400KV D/C Nalagarh-Patiala-Kaithal ckt-1(LILO)-Line length-93.78 km & 126 km. Date of commissioning/charging-21.09.2005
2. 400KV Patiala-Malerkotla line-Line length-62.5 km. Date of commissioning/charging-21.09.2005
3. 400KV Patiala-Ludhiana D/C Line-Line length-73 km Date of commissioning/charging-30.09.2011
4. 400KV D/C Nalagarh-Patiala-Kaithal ckt-2(LILO)-Line length-93.78 km & 126 km.
Date of commissioning/charging-25.08.2011
7. The sketch of the above four 400 kv transmission lines drawn on the google map is annexed as Annexure R-2/1. As per the sketch, the cl
