Shaik Jakir Hussain v. The Telangana State

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3235 of 2019 DATED:26-03-2019 Between :

Shaik Jakir Hussain s/o.Shaik Mhd Jan, Aged 46 years, R/o.D.No.5-2-213/E2/1, Mustafa Nagar, Khammam, Khammam District and others. ..

Petitioners And The Telangana State, Northern Power Distribution Company Limited (TSNPDCL) Warangal, Rep.by its Managing Director and others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WP.No.3235 of 2019 ORDER :

Petitioners claim to be the residents of Mustafa Nagar in Khammam town. According to petitioner, their houses are located in narrow lane of about 14 feet width, which is hardly sufficient for ingress and egress for the vehicles, whereas, 33 KV high tension line is proposed on the said road. By placing reliance on the sketch filed by the petitioners and enclosed to the writ petition in material papers as P.1, it is asserted by them that this change of alignment is made only to save certain properties and affecting their ingress and egress and causing lot of inconvenience and hardship to them. It is further contended that transmission towers would occupy the huge space blocking almost narrow passage and affecting the ingress and aggress of the petitioners.

02. In paragraph No.4 of counter affidavit deposed by Sri Bogem Ravi, Divisional Engineer of Khammam Division, it is stated that 33KV Mudigonda feeder line alignment is changed due to road widening from 80 feet to 100 feet. The changed alignment is planned with M+6 towers with vertical height of around 53 feet from ground level will give maximum clearance from ground level and tower will occupy minimum space of 2 x 2 feet. Therefore, it would not cause inconvenience or obstruction for ingress and aggress. It is further asserted that there will be four feet distance from the wall of the 1st petitioner and no door or window is opening that side and the wires of 33KV lines would not touch or pass above any one's house, lines will be stringed on a bracket of almost top of the towers facing towards the lane. In paragraph No.3, it is

- 3 - further stated that earlier alignment was passing through residential houses at Mustafa Nagar. Earlier one person died about two years back and possibility of such incidents is not ruled out. It is thus apparent, for two valid reasons, alignment is changed and it is asserted by the respondents that change of alignment does not affect the properties of petitioners.

03. In view of the same, no interference is called in the decision taken by the respondent-company in changing alignment and laying 33 kv high tension line with new alignment.

04. Accordingly, the writ petition is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ P.NAVEEN RAO,J 26-03-2019 Nvl