IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI WP No.30250/2013 (GM-KEB) BETWEEN RIFCO Shanthinikethan Layout Owners Welfare Association (Reg), 1st Cross, RIFCO Shanthinikethan Layout, Medahalli, Virgonagar Post, Bengaluru-560 049.
Represented by its President & Secretary.
(By Mr. Anandarama K., Advocate) AND 1. The State of Karnataka, Department of Power and Energy, Vikasa Soudha, Dr. Ambedkar Veedhi, Bengaluru-560 001.
Represented by its Secretary.
2. Karnataka Power Transmission Corporation Ltd., Corporate Office, Kaveri Bhavan, KG Road, Bengaluru-560 001.
Represented by its Chairman & Managing Director.
3. The Chief Engineer, Electricity Transmission Zone, ...Petitioner Karnataka Power Transmission Corporation Ltd., Anand Rao Circle, Bengaluru-560 001.
4. Lily Realty Pvt. Ltd., A company incorporated under the Companies Act, 1956, Having its registered office at 3rd Floor, Bengal Chemicals Building, 502, Prabhadevi, Mumbai-400 025. Also having a Site Office at Battarahalli Village, Bidarehalli Hobli, Bengaluru East Taluk, Bengaluru.
Represented by its Managing Director.
(By Sri.A.M.Suresh Reddy AGA for R1 Sri.N.K.Gupta Adv. for R2 and R3, Sri.C.R.Sundaresh Adv. for C/R4) ...Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent Nos.2 to 4 not to lay high tension over head lines by shifting the portion of existing Nelamangala – Hoody DC line of 400 KV and Hoody-Bial SC line of 220 KV as proposed and approved as per Annexures- D and E etc.
This petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:
ORDER Mr. Anandarama K., Advocate for Petitioner. Mr. A.M. Suresh Reddy, AGA for R1;
Mr. N.K. Gupta, Advocate for R2 & R3; Mr. C.R. Sundaresh, Adv., for C/R4.
1. The prayer made by the petitioner- RIFCO Shanthinikethan Layout Owners Welfare Association is as UNDER:
“a) Call for records.
b) Issue a writ of Mandamus or any other writ, order or direction, directing the Respondents No.2 to 4 not to lay High Tension Overhead Lines by shifting the portion of existing Nelamangala – Hoody DC line of 400 KV and Hoody-BIAL SC line of 220 KV as proposed and approved as per Annexure-D and E in the interest of justice and equity.
c) Issue writ of Mandamus or any other writ or order directing the Respondents No.2 to 4 to stop the process/work of shifting the portion of existing Nelamangala – Hoody DC line of 400 KV and Hoody-BIAL SC line of 220 KV as proposed and approved as per Annexure-D and E, forthwith and further direct the Respondents to approach the District Magistrate for permission/adjudication of the dispute as provided under the Indian Telegraph Act 1885 in the interest of justice and equity.”
2. The learned counsel for petitioner argued in the present petition, that the respondent-KPTCL could not have granted the permission to shift the Power Transmission lines to the Developer – respondent No.4 M/s Lily Realty Pvt. Ltd., without obtaining due approval from the District Magistrate.
3. Under Section 70 of the Electricity Act, 2003, the Central Government has constituted a Central Electricity Authorities comprising of the experts in the field and in the year 2015, the Central Government has delegated the powers to the said Central Electricity Authorities by notification No.4/14/2014-PG dated 12th February, 2015.
4. The said Notification is reproduced herein:
“No.4/14/2014-PG Government of India Ministry of Power Shram Shakti Bhawan, Rafi Marg, Tele Fax 01123730264 ***** New Delhi, dated 12th February, 2015 ORDER Subject: Delegation of powers for (i) approval under provision of Section 68 and Section 164 of the Electricity act, 2003; and (ii) approval of transmission schemes to be implemented through Tariff Based Competitive Bidding (TBCB) route.
The undersigned is directed say that the Hon’ble Minister of State of Power (Independent Charge) has approved the delegation of powers of the following:
i. Power for approval under Section 68 of the Electricity Act, 2003, presently vested with Joint Secretary (Transmission), Ministry of Power, is delegated to Chairperson, CEA.
ii. Power for approval under 164 of the Electricity Act, 2003, presently vested with Joint Secretary (Transmission), Ministry of Power, is delegated to Chairperson, CEA.
iii. Power to approve the schemes under tariff based competitive bidding (TBCB) framework, which is presently vested with Chairperson, Central Electricity Authority, will now be exercised by Secretary, Ministry of Power.
Sd/-
(S. Venkateshwarly) Under Secretary to the Government of India.”
4. Having heard the learned counsel for both parties, this Court is of the opinion that the objections raised in the present petition can very well be raised before the Central Electricity Authority under Section 70 of the Act.
5. In view of the effective, attractive remedy being available to the petitioner, the petition is disposed of with liberty to the petitioner to approach the said Authority in accordance with law. It is expected of the said Authority to hear the concerned affected parties and pass appropriate orders in this regard, expeditiously.
Sd/- JUDGE JS/BMC Sl.No.26