Jograj Singh & ANR. v. State Of Punjab & ORS.

VINOD KUMAR 2016.05.05 12:41 I attest to the accuracy and authenticity of this document Chandigarh CWP No.1360 of 2009 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.1360 of 2009 Date of decision:04.05.2016 Jograj Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Ashwani Bakshi, Advocate, for the petitioners.

Mr. M.S.Virk, Advocate, for respondent Nos.2 to 4.

Mr. Suresh Singla, Addl. A.G., Punjab.

***** Rakesh Kumar Jain, J.

The petitioners have prayed for a writ in the nature of mandamus, seeking a direction to the respondents to remove the high tension electricity line allegedly passing over their residential houses. According to the petitioners, the high tension line has been installed to provide electricity connection to a cold drink factory situated in front of the property of the petitioners, which could have been installed towards the factory side. In this regard, he has relied upon the site plan Annexure P-4 and has also referred to the photographs Annexure A-1 appended with the petition.

Counsel for the respondents has submitted that the high tension

VINOD KUMAR 2016.05.05 12:41 I attest to the accuracy and authenticity of this document Chandigarh CWP No.1360 of 2009 [ 2 ] ***** wires are so high that it would not cause any kind of hardship to the petitioners and are passing over the agricultural field to the petitioners. I have heard learned counsel for the parties and also perused the site plan (Annexure P-1) and photographs (Annexure A-1) and it is evident from both the documents that the electricity line is too high which would not cause any kind of hindrance/threat to the petitioners and, therefore, the prayer made in this petition is not in public interest as the transmission lines have already been installed and would entail huge expenses in its shifting just for the asking of the petitioners. Consequently, the present petition is hereby dismissed being denuded of any merit.

May 04, 2016 (Rakesh Kumar Jain) vinod* Judge