- (1.) This writ petition has been filed by an institution in which students from Class 1 to 10 are studying, praying for removal of over head High Tension 132 K.V. Line passing through the back portion of the school or in the alternative allot an equivalent land in the adjoining plot.
(2.) Counter affidavit and rejoinder affidavit between the parties having been exchanged, with the consent of the learned counsel for the parties, the writ petition is being finally decided.
(3.) Brief facts which emerge from the pleadings of the parties are: Ghaziabad Development Authority (hereinafter called the "G.D.A") allotted a plot of 2700 Sq metres to the petitioner in Swarnjayantipuram Scheme D-Block by letter dated 01/7/2000. On a request made by the petitioner vide letter dated 30/4/2001, the G.D.A. changed the allotment from Swarnjayantipuram Scheme to Govindpuram A- Block Scheme. An area of 2438.70 sq meteres was allotted to the petitioner on Govindpuram A-Block Scheme vide letter dated 16/8/2001. A lease agreement dated 08/3/2002, was entered into between the petitioner and the G.D.A for allotment of plot measuring 2310 sq metres. The petitioner was given possession of the land Govindpuram A-Block Scheme on 13.3.2002/15.3.2002. On 17/8/2002, the Principal of the Institution informed the G.D.A that in the rear portion of the school a high tension wire is passing due to which neither any construction can be made nor it can be used as a playground for children. It was prayed that in the alternative a land in the vicinity of the school premises be allotted. Petitioner continued to make request from time to time. Petitioner made a request to the G.D.A that there is a vacant plot lying adjoining to the school which may be allotted to the petitioner in lieu of the land covered under the high tension line. The petitioner's request came up for consideration before the Board meeting of the G.D.A on several occasions, but the said request could not be acceded to. The issue was also raised in the U.P. Vidhan Parishad, Lucknow. A letter dated 23/12/2010, was sent by the Vidhan Parishad Samiti to the District Magistrate, Ghaziabad to inspect the spot and submit a report. The District Magistrate inspected the spot along with the Executive Engineer of the Electricity Transmission Division, Joint Secretary of the G.D.A and Deputy Collector, Ghaziabad on 07/2/2011. The District Magistrate submitted a detailed report on 14/4/2011, to the State Government where the District Magistrate noted that the G.D.A ought not to have allotted the land to the school which was beneath the high tension line. The District Magistrate opined that there being high tension line, the land covered by it ought not to have been allotted to the school nor no objection should have been granted by the G.D.A for construction of the school. The District Magistrate further observed that the high tension line was running over the plot since before the allotment and inspite of that the petitioner had given consent. The District Magistrate opined that both the G.D.A as well as the petitioner without taking into consideration the future dangers have improperly exercised their discretion which has raised the dispute between the parties. The District Magistrate further noticed that the high tension line can neither be made to go underground nor it can be shifted to another place due to non-availability of safe corridor. The District Magistrate recommended that the G.D.A's allotment made in favour of the school be cancelled and the petitioner be allotted some suitable place in the Govindpuram A-Block Scheme with the consent of both the parties. After the report of the District Magistrate, the G.D.A on 01/6/2011, wrote to the petitioner that the petitioner can be allotted a plot in Madhuban-Bapudham Scheme if the petitioner demolishes the school from its existing place and removes the malba and hand over the vacant possession to the G.D.A. The petitioner did not accept the aforesaid offer given by the G.D.A. The petitioner thereafter again requested to the GDA to allot the adjoining land in place of 481 sq metres land which is covered under the high tension line. The petitioner submitted a site plan where it was mentioned that the area covered by the High Tension Line is 590.26 sq metres and at adjoining Plot-B to the north of the school having an area of 544.71 sq metres be allotted in lieu thereof. The petitioner has filed the writ petition with the following prayers: "i) issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to allot adjoining vacant land to Block-A Govindpuram Scheme, Ghaziabad to the petitioner in lieu of land under overhead High Tension Line 132 K.V. ii) issue a writ, order or direction in the nature of Mandamus commanding the respondent no.3 to remove the overhead High Tension line 132 K.V. passing above Block-A Govindpuram Scheme, Ghaziabad at the cost of petitioner. iii) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. So that justice may be done. iv) award the cost of the petition to the petitioner.";