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2025 DAILYLAW 31076 (RAJ)

BHANWAR LAL SON OF SHRI MOTI RAM v. UNION OF INDIA

CW/15929/2024 · 2025-05-13

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:20047] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15929/2024 Bhanwar Lal Son of Shri Moti Ram, Aged About 74 Years, Resident of Village Doojod, Sikar (Rajasthan), 332021. ----Petitioner Versus 1. Union of India, Through Secretary (Power) Ministry of Power, Government of India, Shram Shakti Bhawan, New Delhi. 2. The State of Rajasthan, Through Secretary, Department of Energy, Government Secretariat, Jaipur, Rajasthan. 3. The Director, Power Grid Bhadala-III, Transmission Limited, Registered Office At B-9, Qutab Industrial Area, Katwaria Sarai, New Delhi-110016. 4. Mahaprabandhak, Bikaner, Power Grid Bhadala-III Transmission Limited, Jai Narayan Vyas Colony, Near Hanuman Temple, Bikaner-334001. 5. Head of Department of All Project, Power Grid Corporation of India Limited, Office At B-4/184, Chitrakoot Scheme, Vaishali Nagar, Jaipur-302201. ----Respondents For Petitioner(s) : Mr. Amit Singh Shekhawat, Adv. For Respondent Nos.1, 3, 4 and 5 : Mr. Palash Gupta, Adv. on behalf of Mr. Sandeep Pathak, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/05/2025 1. The instant writ petition has been preferred with the following prayers: “(a) Order dated 17.02.2024 passed by Mahaprabandhak, Bikaner Power Grid Bhadala-III Transmission Limited, may kindly be quashed and set-aside and consequently allowed the objection raised [2025:RJ-JP:20047] (2 of 3) [CW-15929/2024] by the petitioner and direct the respondent power grid to change the route of transmission line far from the petitioner’s house. (b) Any other appropriate order or direction which this Hon’ble Court may consider just and proper in the facts and circumstances of the case may also kindly be passed in favour of the humble petitioner.” 2. Mr. Palash Gupta appears on behalf of Mr. Sandeep Pathak for respondent Nos.1, 3, 4 & 5 and submits that issue raised in this petition was considered and decided by Hon’ble Division Bench of this Court in D.B. Public Interest Litigation Petition No.16088/2024 (Ramnivas Khichar & Anr. Vs. Union of India & Ors.), with the following observations: “Having gone through the petition, we find that none of the grounds taken in the petition leads to violation of any statutory provisions contained in the Electricity Act, 2003 or any of the provisions contained in the rules framed thereunder regulating laying of transmission lines. Even if we assume that the survey report did not include Village Doojod, District Sikar, we do not find that any public harm lies in laying of overhead transmission lines which are crossing through some of the wards of Village Doojod, District Sikar. Google Map also indicates that the population underneath is scattered. It is not even a city. The distance of the medical college and other places is such that it cannot be said to be a case of causing public harm in laying of transmission lines overhead Village Doojod, District Sikar, crossing through some of its wards. In order to verify whether objections raised from different corners, including administration, were addressed to by the competent authority of the respondent-Power Grid Corporation of India Limited, we required learned Senior Advocate appearing on advance copy on behalf of the respondent- Corporation to file an affidavit. The averments made in the affidavit along with the minutes of meeting satisfies us [2025:RJ-JP:20047] (3 of 3) [CW-15929/2024] that various objections were raised which were considered and only after consideration of those objections, the respondents have proceeded to lay overhead transmission lines. This Court, while exercising its jurisdiction under Article 226 of the Constitution of India, would not act as an appellate authority to sit over the correctness or otherwise of the opinion formed on various objections. Once it is found that various objections so raised were taken into consideration, the matter ends there.” 3. Learned counsel appearing for the petitioner is not in a position to dispute this factual aspect of the case. He submits that appropriate order may be passed in the light of observations made by Hon’ble Division Bench of this Court in case of Ramnivas Khichar (supra). 4. Considering the overall facts and circumstances of the case and further considering the observations made by Hon’ble Division Bench of this Court in D.B. Public Interest Litigation Petition No.16088/2024 (Ramnivas Khichar & Anr. Vs. Union of India & Ors.), I do not find any merit in this writ petition. 5. Accordingly, the present Civil Writ Petition is dismissed. 6. Stay application stands disposed of. (ANIL KUMAR UPMAN),J AMIT/43