Bed Kiran Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.26296 of 2021 Date of Decision: 19.04.2022 Bed Kiran Singh and others ......Petitioners Vs State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Ashish Aggarwal, Sr. Advocate with Mr. Mukul Aggarwal, Advocate for the petitioners.

Mr. Vivek Chauhan, Addl. A.G., Haryana for respondents No.1, 3 and 5.

Mr. Puneet Jindal, Sr. Advocate with Mr. Amandeep Singh Meho, Advocate for respondent No.2.

**** RAJ MOHAN SINGH, J.

[1].

This writ petition was also kept pending along with CWP No.17595 of 2021 titled 'Rajesh Kumar and another vs. State of Haryana and others. Since the issue involved in the present writ petition is dependent upon the decision in the aforementioned case i.e. CWP No.17595 of 2021, therefore, after hearing learned counsel for the parties, the order was kept reserved in the present petition.

 [2].

As per stand taken by respondent No.2, a meeting of 35th and 36th Standing Committee of Central Electricity Authority on Power System Planning of Northern Region held on 03.11.2014 and on 13.07.2015 for creation of transmission infrastructures in northern region States. In State of Haryana, the committee agreed for creation of new three 400 KV substations i.e. at i) Kadarpur-Gurugram area; ii) Sohna Road in Gurugram area and iii) Prithla in Palwal area, as a part of Inter State Transmission System (ISTS) to meet the growing load demand in Sector 58 to 115 of Gurugram, Palwal and Naharpur area of Faridabad.

[3].

The aforesaid creation of transmission infrastructure is part of infrastructural project. The aforesaid three sub-stations are known by the same name irrespective of their locations. The work of creation of 400 KV sub-stations i.e. Kadarpur, Sohna Road and Prithla were awarded by Power Finance Consulting Limited (Bid process Co-ordinator) as part of Inter State Transmission System (ISTS) to Gurugram Palwal Transmission Limited (GPTL) on 17.09.2016. Accordingly the land for creation of aforesaid 400 KV sub-stations was finalized by M/s GPTL.The State Transmission Utility i.e. HVPNL was only required to develop the 220 KV down line network from such 400 KV sub-stations for evacuation of power. Necessary

 approval was granted by the Whole Time Directors (WTD's) of HVPN vide reference dated 05.11.2018. The selection of site for construction of sub-station was not within the purview of HVPNL, rather the same was within the power and discretion of GPTL.

[4].

The issue as projected in the present writ petition needs to be answered in view of detailed judgment of even date passed in CWP No.17595 of 2021 titled 'Rajesh Kumar and another vs. State of Haryana and others. This writ petition is also dismissed.

(RAJ MOHAN SINGH) April 19, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No