Writ petition challenging a high tension tower and transmission line was dismissed. The Court held technical administrative matters require competent authority action and lack statutory rule violation precludes indulgence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 1085 of 2017
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.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr Kumar Rajeev, Advocate For the Union of India : Ms Nivedita Nirvikar For the BSPDCL : Mr Ritesh Kumar, Advocate For the S t a t e : Mr Rakesh Ambastha, AC to AAG 7
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 09-05-2017
It is seen that in the matter of a high tension tower and transmission line passing through the locality of the petitioners in question, a public interest litigation in exercise of jurisdiction under
Patna High Court CWJC No.1085 of 2017 dt.09-05-2017
2/2
Article 226 of the Constitution is not called for. These are matters technical in nature and it is for the competent authority to take action for laying out the transmission based on various technical and expert opinion based on evaluation of various factors administrative in nature and in absence of any statutory Rules, Regulations or enforceable rights being violated, this Court is not required to make any indulgence in the matter. Merely because it causes inconvenience to certain set of people, we cannot exercise jurisdiction under Article 226 of the Constitution.
However, if a statutory provision is available or the petitioners can avail the statutory remedy, if any, under the Telegraph Act or the Electricity Act, they are at liberty to take recourse to such remedy.
With the aforesaid liberty, we dispose of the writ
petition.
(Rajendra Menon, CJ)
M.E.H. /-
(Sudhir Singh, J)
| AFR/NAFR | NAFR |
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| CAVDATE | NA |
| UploadingDate | 16.05.2017 |
| Transmission Date |
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1 issue framed by the court
Whether the Court can exercise jurisdiction under Article 226 of the Constitution regarding inconvenience caused by a high tension tower and transmission line.
Sarita Devi, Wife of Krishna Kumar Paswan; Mohan Kumar, Son of Dhanraj Yadav; Sumitra Devi, Wife of Shyam Kishore Yadav
Union of India
Power Grid Corporation of India
South Bihar Power Distribution Company Limited
State of Bihar
Chief Justice Rajendra Menon
Justice Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
