RAJINDER SINGH AND OTHERS v. PUNJAB STATE POWER CORPORATION LIMITED
CWP/32551/2024 · 2025-01-13
Kuldeep Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106468 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106468 (PNJ) · dailylaw.ai ]
Judgment text
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CWP-32551-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 CWP-32551-2024 Date of Decision : January 13, 2025 RAJINDER SINGH AND OTHERS -PETITIONERS V/S PUNJAB STATE POWER CORPORATION LIMITED AND ORS. -RESPONDENT
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Bhupinder Ghai, Advocate for the petitioners. *** KULDEEP TIWARI, J. (ORAL)
1. The prayer enclosed in the instant writ of prohibition appertains to restraining the official respondents from erecting new 66KV line for extension of load of M/s Goyal Malleables Pvt. Ltd. by tapping the existing 66KV GBR (G-1)- M/s Raghav Industries idle line.
2. The thrust of the arguments advanced by the learned counsel for the petitioners is that, purely with a mala fide intent, a longer route has been adopted for extension of load (supra), whereas, shorter route is available for the said purpose and even other existing 66KV GVR (G-1) Sirhind DC Line and 220 KV and existing 400 KV are also available for extension of load (supra).
3. This Court has heard the arguments addressed by the learned counsel for the petitioners and also perused the record. For the reasons to be DEVINDER YADAV 2025.01.14 09:09 I attest to the accuracy and authenticity of this
order/judgment
CWP-32551-2024 recorded hereinafter, this Court does not find any merit in the instant petition.
4. The prime reason for forming the above inference stems from the fact that, distance is not the only condition precedent for the purpose of evaluating the exact point for laying 66KV line, rather many other technical issues are also required to be considered by the subject expert(s)/technician(s) for the said purpose.
5. What further coaxes this Court to form the above inference is that, it has been stated in the petition itself that, the extension of load of M/s Goyal Malleables Pvt. Ltd. has already been sanctioned and after feasibility clearance, the respondent(s) concerned has issued demand notice No.2753 dated 01.12.2023 to deposit 43123157/-. Moreover, the respondent(s) concerned has also issued route plans from T-OFF 66KV GBR (G-1) Raghav Industries for M/s Goyal Malleables Pvt. Ltd. Sirhind as per revised feasibility. Not only this, the respondent(s) concerned also issued tender notice, which was opened on 21.06.2024 and in pursuance thereto, the tender has been allotted to M/s Balvir Kumar Contractor for laying of tower foundations, erection of towers and stringing of conductor with earth wire for construction of 66KV line for extending load of M/s Goyal Malleables Pvt. Ltd.
6. What further emerges to the fore from a perusal of the instant petition, and, not under dispute is that, almost half of the tender work has already been undertaken inasmuch as tower Nos. 1 to 7 have been got erected in government land and tower Nos.8 to 10 have been got erected in DEVINDER YADAV 2025.01.14 09:09 I attest to the accuracy and authenticity of this
order/judgment
CWP-32551-2024 private landowners’ land. Now, only towers No.11 to 17 are to be erected in the land belonging to the petitioners.
7. In summa, this Court does not find any merit in the petitioners’ claim that, owing to availability of a shorter route, the respondents be restrained from laying new 66KV line, inasmuch as, there are a number of other factors also to be considered for the said purpose. Moreover, M/s Goyal Malleables Pvt. Ltd., which would be the affected party in the event of any affirmative order becoming passed on the instant petition, has not been arrayed as respondent in the instant petition.
8. Consequently, the instant petition is dismissed. However, the petitioners are at liberty to raise their grievance, if any, before the appropriate authority/forum by taking recourse to the apt provisions of law.
(KULDEEP TIWARI) January 13, 2025
JUDGE devinder Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No DEVINDER YADAV 2025.01.14 09:09 I attest to the accuracy and authenticity of this
order/judgment