WPMS/2950/2023
2024 Latest Caselaw 334 UK

Uttarakhand High Court

WPMS/2950/2023 on 12 March, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                    COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures
                                 WPMS No.2950 of 2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. D.P. Mittal, Advocate for the petitioner.

Mr. Vinay Kumar, Advocate for respondent nos.1 & 2.

Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand.

Mr. K.P. Upadhyaya, Senior Advocate, assisted by Mr. Nikhil Singhal, Advocate for respondent no.5.

2. Petitioners are residents of Village Gangnauli, Pargana Manglaur, Tehsil Laksar, District Haridwar. They are aggrieved by laying of High Tension Transmission Line (132 K.V.). They have filed this writ petition, seeking the following relief:

"a) to issue a writ, order or direction in the nature of mandamus to direct the respondents to remove the towers and to evict the field land of the petitioners situated in khsara no.180, 181, 182, 145mi & 188 Mauja- Gangnauli, Pargana-Manglaur, Tehsil- Laksar, District-

Haridwar and further be pleased to direct the respondents not to install 132 kv. electric line from the Power Station through the fields of the petitioners."

3. It is contended in the writ petition that laying of overhead High Tension Line would substantially decrease the value of their land and it is further contended that the transmission line is being laid without proper survey, which may lead to fatal accidents in future.

4. Learned Senior Counsel appearing for respondent no.5 submits that petitioners had approached the Civil Court seeking injunction against respondent no.5 and since they could not get any relief in the pending Civil Suit, therefore, they have approached this Court. He further submits that the State Government had granted necessary approval under Section 68 of Electricity Act, 2003, on 26.08.2015, therefore, there is nothing wrong in laying of overhead High Tension Line. He further submits that, under Workshop of Licensees Rules, 2006 framed by the Central Government, there is provision for grant of compensation to persons whose property is affected by laying of overhead High Tension Line. He thus submits that if petitioners have any grievance, they can approach the Competent Authority and disputed questions of fact cannot be gone into in the writ petition under Article 226 of Constitution.

5. Learned counsel for respondent nos.1 & 2 has referred to judgment rendered in Special Appeal No.568 of 2019, in support of his contention that writ petition would not be maintainable for the cause espoused in the present writ petition.

6. Since petitioners have already approached the Civil Court and a Civil Suit filed by them is pending consideration, therefore, they cannot simultaneously pursue two remedies before the two forums. On this short point alone, the writ petition is liable to be dismissed and is hereby dismissed. However, this order will not preclude the petitioners from availing their remedy before the Competent Authority, including for compensation.

(Manoj Kumar Tiwari, J.) 12.03.2024 Arpan