1 wp 13716.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 911 WRIT PETITION NO. 13716 OF 2025 Pankaj Trilokchand Pande And Others VERSUS Maharashtra State Electricity Distribution Company Limited And Others ... Advocate for Petitioners : Mr. Rupesh Anil Jaiswal AGP for Respondents: Mr. S.B. Pulkundwar ... CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. Dated : December 23, 2025 PER COURT :- 1. Present petition has been filed to direct respondent no.2 to decide representation of the petitioners dated 17.7.2025 within a stipulated period. 2. The petitioners states that petitioner no.1 is owner of land admeasuring 1H 43R in gat no.649, 650, petitioner no.2 is the owner of land admeasuring 30R from gat no.645 and petitioner no.3 is owner of land gat no.1.75 H, 1.59H from gat no.647 and 648 respectively from village Chikalthana, District Chhatrapati Sambhajinagar. Their lands are open and according to petitioners, a project by name ‘Divine City’ is going on in their land. It is then stated that in front of the 2025:BHC-AUG:37317-DB 2 wp 13716.25.odt main entrance, a 33 KV line 6-7 poles are to be erected, which will cause hindrance in development of project of the petitioners. Very high voltage lines would pass through those areas and therefore those lines would create danger to the public as well as to residents or property owner from Divine City project. Respondent no.3 had conducted survey on representation by the petitioners. Then respondent no.3 has issued the letter to respondent no.4 on 23.7.2025 to consider the application/representation of the petitioners to have the cables underground. Inspite of the said communication, the respondent no.4 officers are commencing the work of laying the pole and wires. Hence, this petition. 3. Learned advocate for the petitioners has taken us through the documents and submits that line of the high voltage is dangers and it will cause psychological as well as other problems to the citizens. The petitioners are not saying that those lines should not be erected or taken infront of the property of the petitioners. It is say of the petitioners that it should be laid underground so that risk is minimum. It also refers to right to property under Article 308 of the Constitution of India for protecting right of the petitioners. 3 wp 13716.25.odt 4. The first and foremost fact that is required to be mentioned is that, under Article 308 a person cannot be deprived of his property or enjoyment of the property otherwise than the procedure prescribed under the law, yet we cannot forget that it is not an absolute right. It comes with the responsibilities also. High tension wires or electricity wires/ cables are laid to provide the electricity to the people, which is one of the dire necessity. Without the electricity we cannot survive is a fact. If there is uninterrupted supply of electricity then the village, town or city would develop and therefore, there shall not be objection for the same. Now, as regards the cable line underground is concerned, it cannot be at a particular point or only infront of a particular project. It would cost also more to the State Exchequer. The petitioners are very much relying on recommendation/letter issued by the Assistant Engineer, O & M, Chikalthana Section, MSEDCL, Chhatrapati Sambhajinagar dated 23.7.2025. We find this letter to be very casual ; not addressing as to any burden would be put on the State Exchequer. It appears that it is in fact simply a forwarding letter. The petitioners property are not going to be affected because of the pole and therefore even for directions 4 wp 13716.25.odt as prayed, we do not find that there is any merit in the matter. Writ Petition stands dismissed. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ... AAA