Rakesh Kumar And ANR v. The Chief Electricity Inspector And ANR

#18 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3767/2017 & CM APPL. 16583/2017 RAKESH KUMAR AND ANR ..... Petitioners Through Mr. Saurabh Kirpal with Ms. Shriya Mishra, Advocates versus THE CHIEF ELECTRICITY INSPECTOR AND ANR ..... Respondents Through Mr. Siddharth Dutta, ASC (Civil) for R-1.

Mr. Manish Kumar Srivastava, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.05.2017 Present writ petition has been filed seeking a direction to the respondents to discharge their duty and execute the directions issued vide office letters dated 24th August, 2016 and 22nd December, 2016 for relocation/shifting of the live electricity supply lines near Khasra Nos. 22/22, 23/2, 24, 11/2, 3, 4, 7/2, 8/2, 9/2 in Village Jagat Pur City, Delhi. It has been averred in the petition that the said live naked power supply lines are endangering the life and property of the residents of the area.

A perusal of the paper book reveals that an earlier writ petition being W.P (C) No. 7143/2016 preferred by the petitioners seeking similar relief was disposed of vide order dated 12th August, 2016 with a direction to the

respondents to dispose of the petitioners' representation within three weeks. Learned counsel for the petitioners states that though the respondent No. 1-GNCTD vide letters dated 24th August, 2016 and 22nd December, 2016 has recommended for shifting/relocation of the electricity supply lines, yet no action in this regard has been taken by the respondent No. 2-TPDDL till date.

Learned counsel for the respondent no. 2-TPDDL, who appears on advance notice, states that his client has filed an appeal under Section 162(2) of the Electricity Act, 2003 challenging the aforesaid letters dated 24th August, 2016 and 22nd December, 2016 before Mr. Prem Prakash, Director (Operations) and Appellate Authority, Delhi Transco Limited, Shakti Sadan, Kotla Road, New Delhi - 110 002 However, learned counsel for petitioner as well as respondent no. 1 state that they are not aware of any appeal having been filed. Keeping in view the aforesaid, this Court disposes of the present writ petition and application with a direction to the appellate authority to dispose of respondent no. 2's appeal within four weeks. The appellate authority's order shall be complied with by the parties within a period of six weeks thereafter.

Let a copy of this order be served upon the appellate authority by the petitioners within two days.

Order dasti under signature of Court Master.

MANMOHAN, J MAY 02, 2017 rn