Punjab-Haryana High Court
Punjab State Power Corporation Ltd And ... vs Rajit Singh And Others on 4 July, 2024
Bench: G.S. Sandhawalia, Vikas Bahl
Neutral Citation No:=2024:PHHC:083003-DB
RA-LP-53-2019
2019 in LPA-813-2017
LPA 2017 ( O&M ) and connected matters -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) CM-4456
4456-LPA-2019 in/and RA-LP-53
53-2019 ( O&M ) in LPA-813-201
2017
Punjab State Power Corporation Limited and others
.......Applicants/Appellant
Appellants
Versus
Ranjit Singh and others
.... Respondents
(2) CM
CM-970-LPA-2023 in/and RA-LP
LP-9-2023 ( O&M ) in LPA-817-2017
2017
Punjab State Power Corporation Limited and others
.......Applicants/Appellants
Versus
Harmesh Kumar and others
.... Respondents
(3) CM
CM-981-LPA-2023 in/and RA-LP-10
10-2023 ( O&M ) in LPA-815-2017
2017
Punjab State Power Corporation Limited and others
.......Applicants/Appellants
lants
Versus
Madan Lal and others
.... Respondents
Date of decision : 04.07.2024
CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Vishal Chaudhri, Advocate,
for the applicants-appellants.
****
G.S. SANDHAWALIA, ACTING CHIEF JUSTICE ( Oral )
CM-4456-LPA
LPA-2019 in RA-LP-93-2019
CM-970-LPA
LPA-2023 in RA-LP-9-2023
CM-981-LPA
LPA-2023 in RA-LP-10-2023
For the reasons stated in the application
applications, duly supported
orted by
separate affidavits,
affidavits the delay in filing the appe
appeals is condoned.
Applications are, accordingly, allowed.
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Neutral Citation No:=2024:PHHC:083003-DB
RA-LP-53-2019
2019 in LPA-813-2017
LPA 2017 ( O&M ) and connected matters -2-
RA-LP-53--2019 ( O&M ) in LPA-813-2017
2017
RA-LP-9-2023
2023 ( O&M ) in LPA-817-2017
LPA 2017
RA-LP-10--2023 ( O&M ) in LPA-815-2017
2017
1. These review applications ha
have been filed by the appellant
Corporation seeking review of the order dated 14.05.2019 passed by the then
Co-ordinate
ordinate Bench dismissing LPAs No. 813, 815 and 817 of 2017.
2. The review of the order dated 14.05.2019 is being sought on
account of the fact that the said order had bbeen
een challenged by the applicant
Corporation before the Apex Court by way of Special Leave Petition (Civil)
Diary No. 33033/2019, which was dismissed vide order dated 21.10.2019.
However, reference was made to a notification dated 19.06.2013, whereby
certain powers were conferred on the applicant Corporation under the
Telegraph Act, which if taken into account, would cure the problem of prior
approval of government. The Apex Court noticed that this point was never
ne
argued before the Division Bench and therefore, the applicant Corporation was
w
granted liberty to file review petition, which if filed within two weeks, was
ordered to be disposed of on merits. The order of the Apex Court reads as
under :-
"Delay condoned.
We see no reason to interfere with the impugned
judgment(s) of the High Court. The Special Leave
Petition(s) is/are, accordingly, dismissed.
However, learned counsel appearing on behalf of
the petitioners points out that vide a notification 19.06.2013
certain powers are conferred on the petitioners under the
Telegraph Act, which if taken into account, would cure the
problem of prior approval of government. Since we find that
this point has not been argued before the Division Bench,
the petitioners
petitioners may file a review petition before the High
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Court, which, if filed within two weeks from today, will be
disposed of on merits.
Pending application stand disposed of.
of."
3. It is pertinent to notice that the writ petitions were filed by the
land owners
owners challenging the notification dated 30.05.2014, whereby there was
proposal to undertake the scheme/transmission works at route plan of 66 KV
Electric line from 66 KV Sub Station, Chabbewal to 66 KV Sub Station,
Sadhu Ashram. The lands
land of the writ petition
petitioners apparently fall in villages
Chagran and Bajwara, District Hoshiarpur,
Hoshiarpur, which were adversely effected
effected.. The
writ petitioners were owners in possession of land measuring 5 kanals 16
marlas, situated in village Chagran; 2450 square feet situated in village
Bajrwara; and 32 kanals 14 marlas, situated in village Bajwara. The ground as
such was raised that the notification in question did not mention any direction,
name of village or any khasra number of the land in which the electric towers
were to be installed
installed for the purpose of the said route and, therefore, the writ
petitioners were not granted opportunity to file any objection or representation
to the authorities.
4. The learned Single Judge took notice of this factual aspect while
re-producing
producing the route plan which was duly mentioned in the notification dated
30.05.2014, which was subject-matter
subject of challenge. It is pertinent to notice that
in the notification itself,
itself reference was made to the notification dated
19.06.2013, whereby the powers of Telegraph Authority under Part III of the
Indian Telegraph Act have been vested with the applicant Corporation.
5. Learned counsel for the review applicants
applicants, thus, has referred
red to
the notification dated 19.06.2013,
19.06.2013, whereby the Government of Punjab,
Department of Power (Energy Branch) in exercise of the powers of the
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Telegraph
elegraph Authority
uthority under the Indian Telegraph Act, 1885 has bestowed the
same on the applicant Corporation in view of Section 164 of the Electricity
Act, 2003. However, in addition, the condition as such was the requirement of
giving two months' notice by the applicant Corporation in the Official Gazette
and in two newspapers for seeking objections and suggestions
suggestions.. The said
notification reads as under :-
"PUNJAB
PUNJAB GOVT. GAZ. (EXTRA), JUNE 19, 2013
(JYST 29, 1935 SAKA)
GOVERNMENT OF PUNJAB
DEPARTMENT OF POWER
(ENERGY BRANCH)
ORDER
The 19th June, 2013
No. S.O. 46/C.A. 36/2003/S.164/2013. -
WHEREAS the Punjab State Power Corporation Limited
having its registered office at Punjab State Electricity
Board, Head Office Building, Mall Road, Patiala, is a
Punjab Government Undertaking registered under the
Companies Act, 1956 and is a deemed distribution licens
licensee
under section 14 of the Electricity Act, 2003 and is a State
Power Utility, as notified by the Punjab Government under
section 39 of the said Act;
WHEREAS the said Corporation is engaged in the
business of power distribution through 66 KV transmission
lines in the State of Punjab;
WHEREAS for placing and maintaining electric
lines, electrical plant, cable, chambers, towers and posts
under, over, along or across, in or upon any immovable
property for transmission of electricity or for the purpose of
telephonic
elephonic communications necessary for proper co
co-
ordination of works, the vesting and exercise of the powers
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of the telegraph authority under Part
Part-III of the Indian
Telegraph Act, 1885 (Central Act No. 13 of 1885), are
required to be conferred on the said Corporation;
Now, therefore, in exercise of the powers conferred
by section 164 of the Electricity Act, 2003 (Central Act
No. 36 of 2003), and all other powers enabling him in this
behalf, the Governor of Punjab is pleased to confer upon
the said Corporation,
Corporation, all powers vested in the telegraph
authority under Part-III
Part III of the Indian Telegraph Act, 1885,
in respect of the electrical lines and electrical plant,
established or maintained for the transmission of electricity
or for the purpose of telephonic or telegraphic
communication necessary for the proper co
co-ordination of
the works, subject to the following conditions, namely ::-
CONDITIONS
1. That the said Corporation shall cause power
transmission system notified, which shall contain the
estimates of the capital expenditure, salient features of such
transmission system, and the benefits that may accrue
therefrom;
2. That the said Corporation shall give two months'
notice in the Official Gazette and in two newspapers (one in
English and one in Punjabi),
Punjabi), for seeking objections and
suggestions from the persons concerned, which will be duly
considered by the Corporation; and
considered
3. That the powers conferred upon the said
Corporation, shall be subject to the other relevant
provisions of the aforesaid Electrici
Electricity Act, 2003.
ANIRIDHU TEWARI
SECRETARY TO GOVERNMENT OF PUNJAB,
DEPARTMENT OF POWER"
The
he learned Single Judge came to the conclusion that there was no mention
regarding the khasra numbers and therefore, the effected person(s) could not
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file any objection as such, apart from commenting on merits that the route plan
was in zigzag manner. A passing reference was made apparently that approval
of the Government is wanting. Rather, it was specifically mentioned that
nothing prevented the applicant
applicant Corporation to show the khasra numbers of
the property to enable the effected persons to file the objections and actually
implement the scheme in its letter and spirit. Had the same been done, the
effected persons could have raised the objections. In such circumstances, the
notification was quashed and it was directed that fresh notification be done in
accordance with the provisions of the aforementioned Act and to take the prior
approval of the Government.
6. Thus, we are of the considered opinion tthat
hat while upholding the
order of the learned Single Judge as such, this aspect was not taken into
consideration by the then Co-ordinate
Co ordinate Bench. The landowner's counsel had put
in appearance on an earlier occasion but thereafter took the plea that the files
had been returned to the client, who is appare
apparently residing abroad.
7. Accordingly, the review applications are partly allowed to the
extent that in view of the notification dated 19.06.2023 re-produced
produced above,
above
power having already been conferred upon the applicant
nt Corporation, the
observation that the prior approval of the Government is to be taken is without
any basis. However, itt is open to the applicant Corporation as such to issue
fresh publication in accordance with condition (2) as noticed above and by
giving necessary details of the khasra numbers, which would be directly
affected by the laying of the line, so that necessary objections can be received
from the concerned land owners regarding the line in question, which can be
then decided by
by the competent authority in accordance with law regarding the
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loss and damage, if any, to be caused to the land falling under the High
Tension Wires.
Wires. Liberty is, thus, given to the applicant Corporation to
undertake the said exercise afresh by giving nece
necessary
ssary details of the land over
which lines are liable to pass.
8. Needless to say that if certain set of persons have already received
their due compensation and have not objected on earlier occasion, then the said
persons would not be required to be re
re-heard
eard in pursuance of the fresh
notification, which would only be qua the successful writ petitioners.
9. All the pending applications stand disposed of.
( G.S. SANDHAWALIA )
ACTING CHIEF JUSTICE
( VIKAS BAHL )
JUDGE
July 04, 2024
ndj
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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