Yograj Harideo Jarad And Others v. Union Of India, Through Its Secretary, Ministry Of Power, New Delhi And Others

pil87.14 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

P.I.L. NO.87 OF 2014 Yograj Harideo Jarad and others -vsUnion of India, thr.its Secretary and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.R.S.Kurekar, counsel for the petitioners.

Mr.Rohit Deo, ASGI for the respondent No.1.

Mr.N.S.Khubalkar, AGP for the respondent Nos.2 and 4. Mr.D.V.Chauhan, counsel for the respondent No.3. CORAM : SMT. VASANTI A. NAIK & A.M.BADAR, JJ.

DATE : 17.04.2015.

By this petition, which is registered as public interest litigation, the petitioners have sought a direction to the respondent Nos.1 and 2 to prohibit the respondent No.3 from laying down the power transmission line from TirodaKoradi-Akola-Aurangabad sectors to transmit 4500 MW power from Field Survey No.195, Gat No.202/2 owned and possessed by the Sansthan in which a temple of Sant Kabir is located. According to the petitioners, the transmission line is being laid down at a distance of about 4 meters from the water tank and 35 meters from the temple.

The respondent No.3 has filed an affidavit-inreply. The claim of the petitioners that the transmission line is being laid at a distance of 4 meters from the water tank and 35 meters from the temple is denied. It is stated that the work of laying the power transmission line is almost complete and the actual distance between the transmission

pil87.14 2/2 line and the water tank is more than 20 meters. It is stated that the distance between the temple and the transmission line is 44.4 meters. The learned counsel for the respondent No.3 has tendered a Google Satellite photograph to demonstrate that the distance between the transmission line and the water tank and the temple is much more than the distance stated by the petitioners.

Shri Kurekar, the learned counsel for the petitioners, states that the laying of the transmission line is necessary and if the distance between the transmission line and the water tank and the temple is more than 20 meters and 40 meters respectively, the petitioners would have no grievance in regard to the laying of the high tension transmission line by the respondents.

In view of the statements recorded herein above, nothing survives in this public interest litigation and the same is disposed of with no order as to costs.

JUDGE JUDGE KHUNTE