CWP No. 12031 of 2009

1

In the High Court of Punjab and Haryana at Chandigarh

Date of decision: 4.11. 2009

CWP No. 12031 of 2009

Chet Ram

......petitioner

Versus

Power Grid Corporation of India Limited .......Respondents

CWP No. 12740 of 2009

Om Parkash

......petitioner

Versus

Power Grid Corporation of India Limited .......Respondents

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr.Dr.Surya Parkash, Advocate,

for petitioner in CWP No.12031 of 2009

Mr. V.M.Gupta, Advocate

for petitioner in CWP No.12740 of 2009.

Ms.Maloo Chahal, DAG Haryana.

Mr.I.S.Sidhu, Advocate, for

respondents No.2 and 6 in CWP No.12031 of 2009 and

respondent No.2 in CWP No.12740 of 2009.

****

SABINA, J.

Vide this judgment, CWP No.12031 and 12740 of 2009

CWP No. 12031 of 2009

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would be disposed of as the order under challenge in these petitions

is same.

Power Grid Corporation of India Limited, Hisar undertook

laying of High Powered electric line under the Northern Region

System strengthening Scheme- V in terms of the concept accepted

by the Standing Committee on 30.5.2003. After the issuance of letter

of award, a preliminary and detailed survey was conducted. The final

survey report was submitted by M/s Advanced Micronic Device Ltd.,

New Delhi vide letter dated 7.8.2006. The petitioners have filed

these petitions challenging the lay out plan of the Towers and wires

etc. through their land.

Learned counsel for the petitioners have submitted that in

the notification issued by the respondents, no towers or electric wires

were to be erected in the village Ahmedpur. In case the towers were

erected in a straight line as shown in the site plans placed on record

by the petitioners, the cost of construction and loss of electricity

could have been saved. The towers were, however, not being

erected in a straight line to help some influential persons. There was

no cremation ground underneath the electric wires if erected in a

straight line as alleged by the respondents.

Learned counsel for the respondents, on the other hand,

has submitted that the entire exercise has been carried out by the

respondents in accordance with law. As per the notification, the

CWP No. 12031 of 2009

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villages had been identified on the basis of G.T.Maps issued by the

Surveyor General of India and were only indicative There was a

clause in the notification that the intervening villages, which were not

mentioned in the notification might get involved during construction of

the line. Moreover, the towers had already been erected.

After hearing learned counsel for the parties, I am of the

opinion that the instant petitions are devoid of any merit and deserve

to be dismissed.

The proposed 350 km long Moga-Bhiwandi D/C Transmission

Line was to be constructed for strengthening of power system in

Punjab, Haryana and Rajasthan. As per the notification, Annexure

P-2, the villages Girdharpur, Chhapar, Chhiarkey, Jasat, Ehnawan,

Maujabad, Balewa, Daulatabad, Telpuri with regard to Gurgaon

District were mentioned through which the proposed line would

pass. A perusal of Annexure P-2 further reveals that the villages had

been identified on the basis of GT Maps issued by the Surveyor

General of India and were only indicative. It was also mentioned in

the notification that these villages may not entirely matched with the

revenue record as Power Grid does not have excess to the same as

of then. However, for continuity of transmission line all of the above

villages as also the intervening villages might get involved during

construction of the line. Towers in the nearby fields of the petitioners

were erected in the month of September 2007 onwards, whereas, the

petitioners have filed the writ petitions in the year 2009. After

CWP No. 12031 of 2009

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conducting a detailed survey three routes were submitted for

construction of the power line