Court No. - 35
Case :- WRIT - C No. - 19746 of 2018 Petitioner :- C/M Krishna Valley School And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Pankaj Kumar Shukla
Hon'ble Bharati Sapru,J. Hon'ble Saral Srivastava,J.
Heard Sri G.K. Singh, learned Counsel for the petitioners and Sri P.K. Shukla, learned Counsel for the respondent no.3, Sri Abhishek Srivastava, learned Counsel for the respondents 2 & 4.
The petitioners are aggrieved by an order dated 27.01.2018 passed by the District Magistrate, Mirzapur with regard to the fixing of transmission by raising high tension wire over their School.
Sri Pankaj Shukla, appearing for the respondents have raised a preliminary objection regarding the maintainability of the writ petition precisely on the ground that the petitioners have got efficacious alternative remedy under Sections 67(4) & 67(5) of the Electricity Act, 2003 which provides that "where any difference or dispute (including amount of compensation under sub-section 3) arises under this section, the matter shall be determined by the Appropriate Commission."
He also relied on a decision of this Court in the case of Ram Preet and 14 others vs. Union of India and 7 others (Writ-C No.33382 of 2016) dated 22.07.2016 whereby this Court has taken a view that the authorities under the Electricity Act are empowered to place the power transmission wires over the land and in case anybody is aggrieved, they may approach the Commission for suitable relief.
In view of the above, it is open to the petitioners to approach the Commission as per the provisions of Section 67(4) of the Electricity Act, 2003, for whatever relief they may seek. In case, the petitioners approach the appropriate Commission within next 15 days for redressal of their grievance, the same may be decided in accordance with law.
The Writ Petition stands disposed of as above. No costs.
Order Date :- 29.5.2018 S.P.