Rakesh Kumar Jain, J. - (1.) The petitioner -society, registered under the Societies Registration Act, 1860 with the Registrar of Societies, Haryana, is alleged to have purchased the land measuring 06 Kanal 03 Marlas in village Abdulagarh, Tehsil Barara, District Ambala, vide registered sale deed dated 10.07.1998 for setting up an industry in the said land but so far, the industry has not been set up as it could not raise the requisite loan. It is alleged that the Haryana Vidyut Prasaran Nigam Limited (for short "HVPNL") issued a notification on 19.07.2010 to construct transmission lines and sub -stations in Haryana in which 66 KV transmission line was also to be constructed at Yara -Ugala S/C Line on D/C towers with 0.4 sq. inch ACSR conductor, having tentative length of 5 Kms. It is alleged by the petitioner that the said notification was duly published in the newspapers but neither in the notification nor in any public notice published in the newspaper, the description of the land in the shape of khasra numbers etc. through which the said 66 KV transmission line was to pass was ever mentioned. The construction of aforesaid 66 KV transmission line started somewhere in the year 2012. The petitioner sought information from the respondents under the Right to Information Act, 2005 (for short "the Act") regarding route plan of the transmission line, in response to which a tentative route plan was supplied. In the said tentative route plan, the length of the line was extended from 5 Kms. to 6785 meters and the number of towers were shown as 28.
(2.) It is alleged that since the petitioner was not threatened with the construction of the transmission line shown in the tentative route plan, therefore, it did not do anything. However, in the year 2014, the petitioner came to know that the respondents have changed the route plan and apprehending that the respondents may construct one of the towers over their land, the petitioner submitted a detailed representation dated 22.10.2014 and ultimately filed a civil suit on 07.11.2014 in the Court of Civil Judge (Senior Division), Ambala, for permanent injunction to restrain the present respondents from interfering in their possession by installing tower in their land. It is admitted by the petitioner that interim injunction was not granted by the Civil Court and when the present writ petition was filed on 04.11.2015, the civil suit was pending. Earlier also, the petitioner had approached this Court by way of CWP No. 13468 of 2015, seeking issuance of a writ in the nature of mandamus directing the respondents to consider various objections raised by the petitioner regarding change of route plan but the said writ petition was withdrawn by the petitioner on 09.07.2015, with liberty to press their representation. It is alleged that even thereafter, the petitioner filed a detailed representation dated 15.10.2015, which has not been decided by the respondents, who were going ahead with installation of tower in the land of the petitioner and in that process, they had even constructed the platform on 23 -24.10.2015.
(3.) With this background, the petitioner has prayed for a writ in the nature of mandamus, seeking a direction to the respondents to construct the transmission line strictly in terms of the notification dated 19.07.2010 and route plan shown in the tentative route plan (Annexure P -2) and also to prohibit them to install any tower in the land of the petitioner -society, which does not fall in the said route plan.;