- (1.) I. Synopsis1. The above case and the batch of writ petitions are at the instance of landowners who are aggrieved by the action of the 5th respondent, licensee for laying high tension wires under the Electricity Act 2003, over their lands. The grievance is that the installations have been made in violation of the relevant laws and the rules and hence seek through their respective writ petitions that the respondents shall not lay down overhead high transmission power lines of 400 KV without following the due process of law under the Electricity Act, 2003 and the terms and conditions as stipulated in order dated 9.12.2010 issued by the Government of Haryana. The additional prayers are in alternation or addition that full compensation, rent and other incidental damages shall be given for the use of the respective lands for installing overhead transmission lines. The case calls to fore the examination of some of the provisions of the Electricity Act, 2003, Electricity Act of 1910, since repealed by the former Act subject to certain exceptions carved out in section 185, Telegraph Act, 1885, Land Acquisition Act, 1894, Electricity Rules, 2005, Electricity Rules, 1952 and Works of Electricity Rules, 2006. The judgment traverses the requirements of notice, the extent of objections by landowners and the power of the licensee to lay overhead transmission lines, operating under the authority of the State and holds that there exists no violation of the relevant Acts or Rules to found a justification for the writ petitions. II. Extent of Power to the licencee
(2.) By an order issued by the Government of Haryana, Power department on 9th December 2010, Jhajjar KT Transco Pvt. Ltd., having its office at Gandhinagar, Gujarat, licence to lay transmission lines had been awarded to the 5th respondent. This purports to be an approval under section 68 of the Electricity Act for the transmission scheme between (1) Jhajjar - Kabulpur (Rohtak), (2) Kabulpur - Dipalpur (Sonepat), Loop-in-loop-out circuit of Abdullapur-Bawana. The order states that the scheme includes transmission lines over 100 kms of agricultural lands, crossing over National and State highways, Railway line, Local Authorities Area, etc. The order further states that the licensee shall have all the powers under section 164 of the 2003 Act which the Telegraph Authority possesses under the Telegraph Act. The consent that the order contemplates is the consent of local bodies, Railways, National and State Highways, responsible for constructing transmission scheme and operate the same after approval of the Chief Electrical Inspector as per the provisions of the Electricity Act and the Rules. The approval is for a period of 25 years. III. Relevant provisions under the Electricity Act, 2003 that deal with powers of the licensee and the extent of regulating the power by the 'appropriate government' (a) Rule making power of the Central Government and the subject covered
(3.) The Central Government's power to lay down rules for the various purposes are governed by Section 176 of the 2003 Act. The language of the section in so far as it is relevant for transmission lines are contained in the following words: 176(1): The Central Government may, by notification, make rules for carrying out the provisions of this Act. (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of Section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of Section 68; The relevant provisions may be reproduced to examine the subject for which the rules could be framed by the Central Government: Section 67. Provision as to opening up of streets, railways, etc. (1)... (2) The Appropriate Government may, by rules made by it in this behalf, specify, (a) the cases and circumstances in which the consent in writing of the Appropriate Government, local authority, owner or occupier, as the case may be, shall be required for carrying out works; (b) the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works; (c) the nature and period of notice to be given by the licensee before carrying out works; (d) the procedure and manner of consideration of objections and suggestions received in accordance with the notice referred to in clause (c); (e) the determination and payment of compensation or rent to the persons affected by works under this section; (f) the repairs and works to be carried out when emergency exists; (g) the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefore; (h) the procedure for carrying out other works near sewers, pipes or other electric lines or works; (i) the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc; (j) the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof; (k) the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works; (l) the procedure for undertaking works which are not reparable by the Appropriate Government, licensee or local authority; (m) the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc; (n) the manner of restoration of property affected by such works and maintenance thereof; (o) the procedure for deposit of compensation payable by the licensee and furnishing of security; and (p) such other matters as are incidental or consequential to the construction and maintenance of works under this section. 68. Overhead lines.- (I) An overhead line shall, with prior approval of the Appropriate Government, be installed or kept installed above ground in accordance with the provisions of sub-section (2). (2) The provisions contained in sub-section (1) shall not apply (a) in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is used or intended to be used for supplying to a single consumer; (b) in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or (c) in such other cases, as may be prescribed. (3) The Appropriate Government shall, while granting approval under sub-section (1), impose such conditions (including conditions as to the ownership and operation of the line) as appear to it to be necessary. (4) The Appropriate Government may vary or revoke the approval at any time after the end of such period as may be stipulated in the approval granted by it. (5) Where any tree standing or lying near an overhead line or where any structure or other object which has been placed or has fallen near an overhead line subsequent to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, an Executive Magistrate or authority specified by the Appropriate Government may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he or it thinks fit. (6) When disposing of an application under sub-section (5), an Executive Magistrate or authority specified under that subsection shall, in the case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee. Explanation.- For the purposes of this section, the expression ''tree'' shall be deemed to include any shrub, hedge, jungle growth or other plant. (b) The Rules framed under sections 176(2) read with section 67(2);