M.Rahamathulla v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No 14392 of 2018 ORDER:

This Writ Petition is filed questioning inaction of the respondents in shifting 33 KV heavy power line from Rahamathpur Main road to Surappakunta Chervu Edge, as illegal, arbitrary and unjust and violative of Article 14 and 21 of the Constitution of India and consequently to direct the respondents to shift 33 KV heavy power line from Rahamathpur Main Road to Surappakunta Chervu Edge. 2.

It is stated in the Writ Affidavit that in the recent times, in Hindupur Town, in the area where the petitioners are residing, the respondents have started lying 33 KV heavy power line, which is passing through the main road of Rahamathpur and in case of any breakdown or damage of the line, people may suffer a lot and cause inconvenience to the people of the locality. It is further stated that in this regard, the petitioners made a representation to the 2nd respondent for redressal of their grievance.

3.

Today, when the matter taken up, a letter bearing No. DE/CON/ATP/F-IPDS/D.No.908/18, dated 23.01.2018, addressed by the Divisional Engineer, Construction Division, Ananthapur to the Superintending Engineer, Operation, Ananthapur is placed on record

by the learned Standing Counsel. The contents of the said letter read as under :

"With ref to the above cited, it is to submit that 33/11 kV Indoor SS was sanctioned to Hindupur under IPDS and Agt No.31/16-17 was concluded with M/s. GVS Co. Ltd. At starting, 33 kV double circuit line was proposed from 33/11 kV Suguru SS via Suappakunta Cheruvu, Panduranga Nagar to newly proposed 33 kV indoor SS.

But during the execution of 33 kV line, the above said Suappakunta Cheruvu is full of water due to heavy rain fall. In addition to that there is a provision to fill the water to Suappakunta Cheruvu from HNSS Canal to improve the ground water level.

Hence it is difficult to attend any 33 kV line break downs if 33 kV new line laid via Suappakunta Cheruvu. In this condition, it is not advisable to lay the new 33 kV line. Mean while line objections are also raised by local body's. After joint inspection by R & B AE, P.A. to MLA and ADE/Operation/ Hindupur. The same 33 kV line was rerouted as

1) One circuit from 33/11 kV sugur SS to Rahamat Nagar bypass.

2) The Second circuit is taken from 33 kV water works line which was already in the bypass road of Hindupur, these two circuits meet at Vijaya Milk Dairy, from that double circuit will be laid via Rahamat Nagar circle, Panduranga Nagar to 33/11 kV indoor SS. For this double circuit line 50 nos. 12.5 Mts spun poles was erected along 80 feet road and line also ready to stringing. At this stage Sri K.S.Ramanjaneyulu, Hindupur was mailed a letter to Energy Department stating that the 33 kV line is erecting to industrial needs and if the same line lay through Suppakunta Cheruvu, 70% saving to Government authorities. The statement made by Sri K.S. Ramanjaneyulu is not correct. In this connection it is to submit that the 80 feet road route for laying of 33 kV line via Rehamat Nagar, Panduranga Nagar to new indoor SS is quite essential and there is no other

suitable route for carrying the 33 kV double circuit line. During execution of 33 V line proper clearance will be maintained.'' 4.

Reiterating the contents of the said letter, it is stated by the learned Standing Counsel that the suggestion made by the petitioners, herein, is not be possible, in view of various reasons explained in the above said letter.

5.

Heard the learned counsel for the petitioners and Sri N.Siva Reddy, learned Standing Counsel for the 3rd to 5th respondents and learned Government Pleader for 1st and 2nd respondents. 6.

Keeping in view the reasons mentioned in the instructions, this Court is of the opinion that no relief in the Writ Petition can be granted to the Writ Petitioners herein. However, the respondent authorities shall take all precautionary measures while lying the power line and for maintaining the same.

7.

Accordingly, the Writ Petition is disposed of. There shall be no orders as to costs.

8.

As a sequel there to, miscellaneous applications, pending if any, shall stand closed.

________________ A.V.SESHA SAI, J Date: 24.04.2018 JR

THE HONURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No 14392 of 2018 Dated: 24.04.2018 JR