THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.1400 of 2015

ORDER:

This Writ Petition is filed praying this Court to declare the action of respondent Nos.1 to 6 in installing the pillar for supplying 33KV electricity power, in front of petitioners house at Seetamma house building complex bearing No.4-42, situated at X road, Bhoothpur Village and Mandal, Mahabubnagar District, as illegal, arbitrary, and contrary to the Electricity Supply Act and for other appropriate reliefs.

2. Heard Sri G.Rajeswar Rao, learned counsel for the petitioners and learned Government Pleader for Panchayatraj and Rural Development appearing for respondent No.1.

3. Petitioner No.1 claims to be the owner and possessor of Seetamma building complex bearing H.No.4-42, situated at X road, Bhoothpur Village and Mandal, Mahabubnagar District and Petitioner Nos.2 to 4 are the residents of the said house building complex as tenants, which is abutting to the National Highway No.44. It is stated that respondent No.2 is a Private Limited Company carrying on business in solar power installation, manufacturing solar power at Sheripally B Village, Bhoothpur Mandal. Respondent No.2 while intending to supply 33 KV power generated from its unit to Electricity Sub Station, Bhoothpur, situated on southern side of Bhoothpur Village towards Kurnool side through high tension line, has laid a 33 KV high standard pillar in front of the petitioners’ house.

4. The grievance of the petitioners is that due to the construction of 33 KV electricity high tension pillar in front of the petitioners residence, it is causing inconvenience to ingress and egress to the petitioners’ property.

5. Learned Assistant Government Pleader appearing for the respondents submitted that as per the provisions of the Electricity (Supply) Act, 1948, the respondents are entitled to lay the power supply poles. It is further submitted that respondent Nos.4 and 5 have permitted respondent No.2 to supply the solar power and in view of the installation of the said power supply pillars, if any damages caused by respondent No.2 to the petitioners, they are entitled for compensation as permissible under the provisions of the Electricity (Supply) Act, 1948.

6. Having regard to the submissions made above, this Writ Petition is disposed of, leaving it open to the petitioners to make an appropriate application on the file of the respondents for seeking compensation/damages in view of installation/erection of 33 KV electricity pillar in front of their house. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_________________________________ JUSTICE C.V. BHASKAR REDDY Date: 26.09.2024 ns/pld