B.Gangappa v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.26143 of 2018 ORDER:

Heard the learned counsel for petitioners and Sri N.Siva Reddy, learned Standing Counsel for the respondents.

2. Petitioners' grievance is that the APSPDCL is changing alignment of 33 KV line existing in Sy. No.338-1 and 3 and they are likely to lay the same in front of the petitioners' plots thereby endangering the lives of women and children staying in the locality only to benefit the 5th respondent who is alleged to be an influential person.

3. Sri N.Siva Reddy, learned Standing Counsel for APSPDCL, states, on instructions, that earlier the land of 5th respondent was vacant and that was why the power lines were laid in his land but now he has made a request for shifting the alignment thereof as he intended to develop the land into plots and sell them, and he had also paid the charges for the shifting of the same. Learned Standing Counsel contends that the 33 KV proposed alignment would not pass through petitioners' properties and would only be on the road margin outside the plots of the petitioners.

4. Having regard to the said statement made by the learned Standing Counsel which is placed on record, and since the 33 KV lines which were earlier in 5th respondent property are not being laid

MSR,J W.P.No.26143 of 2018 within the plots of the petitioners but outside their plots in the road margin, the petitioners cannot be said to be in any manner prejudiced thereby as the petitioners would anyway leave a set back in their plots before making construction.

5. Therefore, the Writ Petition is disposed of directing the respondents not to lay the 33 KV line through the plots of the petitioners but lay the same in the road margin outside the said plots as is undertaken by the APSPDCL through its counsel here. No costs.

6. As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 30-07-2018 kvr