✦ High Court of India · 27 Feb 2025

High Court · 2025

Case Details High Court of India · 27 Feb 2025
Court
High Court of India
Decided
27 Feb 2025
Bench
Not available
Length
1,640 words

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents 2, 3, 6 and 7 ...RESPONDENTS I constructing new 33KV/11KV Outdoor Electric Sub-Station in the land measuring 13 equivalent to '1331 Sq. yards or 1113 Sq. meters in Survey No. .1 7 of myianpur village Hro. Boduppal of Medipally Mandal, Medchel-Malkajigiri District close to the residential colony without following public safety measures is bad, arbitrary, void, illegal violation of Section 53 of the Electricity Act, 2003, and against the principles of natural justice and violation of the Article 2.1 of the Constitution of lndia consequently direct the Respondents 2. 3, 6 and 7 to stop construction of substation in the proposed site close to residential colony affecting lives of residents of petitioner colony. lA NO: 1 OF 2025 Petition unde,r Section 151 cPC praying that in the circumstances stated in the aff idavit f iled in support of the petition, the High court ma y be pleased to STAy of all further proceedings including construction of substation in Sy. No. 17 of lviyanpur village, H/o. Boduppal of [\/edipally lVlandat, lvedchel - Malkajigiri District pending disposal of this writ petition. Counsel for the Petitioner: SRI VEMUGANTT MAHESH KUMAR Counsel for the Respondent No.1: AGp FOR ENERGY Counsel for the Respondent No.2: SRI P. PRASAD, SC FOR TGERC Counsel forthe Respondent Nos.3,6 AND 7: SRI N. SREEDHAR REDDy, SC FOR TGSPDCL Counsel for the Respondent No.5: SRI KRISHNA REDDy PUTTA, SC FOR MUNICIPALITIES The Court made the following: ORDER ,/ ( HON'BLE MRS JUSTICE SUREPALLI NANDA RIT P N No. 20 ORD ER: Heard Sri Vemuganti Mahesh Kumar, learned counset appearing on behalf of the petitioner, tearned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1, Sri P. Prasad, learned Standing Counset for TGERC, appearing on behalf of respondent No.2, Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.3,6 and 7 and Sri Krishna Reddy Putta, tearned Standing Counsel for Municipalities, appearing on behalf of resPondent No.5.

2. The petitioner approached the Court seeking prayer as under: * ...to issue writ or order or direction more particularly one in the nature of WRIT OF MANDAMIJS declaring the action of Respondents 2, 3, 6 and 7 constructing new 33KV/11KV Outdoor Electric Sub-Station in the land measuring 13 equivalent to 1331 Sq. yards or 1113 Sq meters in Survey No.17 of Myianpur Village, H/o Boduppal :. t ./: 2 wP 5978 2025 Village oF Medipally Mandal, Medchel- Malkajigiri District close to the residential colony without following public safety measures is bad, arbitrary, void, illegal violation of Section 53 of the Electricity Act, 2003 and against the principles of natur;:l justice and violation of the Article 21 of the Constitution of India consequenfly direct the Respcndents 2, 3, 6 and 7 to stop construction of sub-station in the proposed site close to residential colonlr 6;1s61ing lives of residents of petitioner colon;,6n6 pass... ".

3. The case of the petitioner, in brief, is that the petitioner is the elec:ed treasurer for the petitioner society. The petitioner colony has six streets and behind their houses in 6th street of the petitioner colony, certain Government land admeasurinq 11 guntas equivalent to 1331 sq. yards or 1113 sq. meters in Sy.No. 17 of Myianpur village of Medipally Revenue Mandal, Medchel Malkajgiri District is availabte. The petitioner requested the 5th respondent Municipal Corporation to allot the said land in Sy.No. 17 for park and open Gym through sev,eral representations and the said land was allotted to the petitioner society. However, through contract allotted to respondent Nos.2, 3, 6 & 7 for construction of i I I I I I I '.'a .' r{"ra, (' 3 wP -5978 2025 outdoor Electric Substation in the respondents started leveling the said land, the said land and dug out Pillar a rePresentation dated and the Petitioner also holes. The Petitioner submitted 12.02.2025 to the 4th resPondent submitted representations to 6th and 7th respondents on 15.02.2025 requesting to stop construction of 33KV/11KV Electric Sub-station but the respondents have not acted upon The resPondents without the said representations ' of the Petitioner started considering the grievance sub-station verY close to the construction of 33 KV/11KV residential houses. Aggrieved by the same, the petitioner approached the Court by filing the present writ petltion'

4. The learned counsel appearing on behalf of the petitioner submits that the grievance of the petitioner as put forth by the petitioner vide representation dated L2'02'2025 addressed to the 4th respondent and representation dated 15.02.2025 addressed to the 7th respondent herein i'e' the Assistant Engineer, Boduppal may be directed to be considered by the said authorities in accordance to law within a reasonable Period. ::l 4 wP-5978 2025

5. The learned Standing Counsel appearing on behalf of the respondent Nos. 3, 6 and 7 does not dispute the said submission made by the learned counsel appearing cln beha lf of the petitioner.

6. Ta tn d a on: (a) fhe aforesaid facts and circumstances of the case, (b) The submissions of the learned counsel appearing on beharf of the petitioner and the tearned Standing Counsel for TGSpDCL, appearing on behalf of the respondents, The writ petition is disposed of directing the 4th and 7th respondents to consider the grievance of the petitioner as put forth to the 4th respondent yr-de representation of the petitioner dated L2.O2.ZO2S and further the grievance of the petitioner as put torth vide representation of the petitioner addressed to the 7th respondent, dated 15.02.2C,25, in accordance to taw, in conformity with principles of natural justice, within a period of two (2) weeks from the date of receipt of a copy of the order by giving an opportunity of personal i l I I L r:.- ( I I 5 wP 5978 2025 hearing to the petitioner enabling the petitioner to put forth the petitioner's objections for the proposed construction of the Sub-Station in the land adjacent to the petitioner's colony i.e. Vasavi Nagar Colony, Gayathrihills Road No.2, Boduppal Medchel Malkajgiri District and pass appropriate orders on appropriate orders passed on petitioner's representation dated L2.O2.2O25 addressed to the 4th respondent and on petitioner's representation dated

15.O2.2O25 addressed to the 7th respondent herein. Till the above exercise is initiated and concluded by the 4th and 7th respondents by passing appropriate orders on petitioner's representation dated !2.O2-2O25 addressed to the 4th respondent herein and dated L5.O2.2O25 addressed to the 7th respondent herein, within a period of two weeks from the date tf receipt of the copy of the order, the respondents are directed not to proceed with the construction of the proposed Sub-Station in the land admeasuring 11 guntas equivalent to 1331 Sq. yards or 1113 sq. meters in Survey No. 17 of Myianpur Village, H/o. Boduppal of I To, 6 wl, 5978 2025 Medipally Mandal, Medchel- Malkajgiri District. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/.MOHD. ISMAIL REGISTRAR ASSI ON OFFICER Building - Hyderabad

1. The Pd. Secr,:tary, Energy Department, Secretariate The Stale of Telangana, 2. The Chairman having Office at H. No. 11-4-660, 5th Floor, Telangana State El"^"_!rlqity Rerlulatory Commission, Singareni Bhavan, Red Hills, Hyderabad - 500004

3. The Chairman and Managing Director, Telangana State Southern power Distribution Co. Ltd, having its Corporate office at 6-'1-50, t\,4inl Compound, Hyderabad. 4. The District Collector, Ivledchel - l\,4alkajigiri District, lr.rtegrated District Offices - Hyderabad tt00039. IVledchel - Malkajigiri District - 500092 Q9mpl.ex, Anthaipally Village, ShamirpefMandal, Ir,4edchel - l\,,4alkajigiri District. 5. The Commissioner, The Boduppal Municipal Corporation, Boduppal - 6. The S uperintend in-g-Engineer, Operations TGSpDCL., prashanthnagar, Uppal 7. The Assistant 9 9n" CC to Sri-Vemuganti [\,4ahesh Kumar, Advocate [OpUC] 9. Two CCs to GP for Energy, High Court for the State oi Telangana, at 10. One CC to Sr N. Sreedhar Reddy, SC for TGSpDCL[OpUC] '1 'l . One CC to Sr Krishna ReddyPutta SC for Municipalities[OpLJC] 12.One CC to Sr P. Prasad, SC for TGERCIOPUC] 13. Two CD Copir:s TGSPDCL, Chilkanagar, Uppal, tvledr:hel - Malkajigiri Hyderabad [OUT] District - 500C39. ^Ergineer, TJ GJP HIGH COURT CC TODAY DATED:2710212025 ORDER WP.No.5978 of 2025 SlAT E oA Aq J o o 'l$tt S \ \'iiii c .b ,-3 * t D r: DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ n I I ! i

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