Ramnivas Khichar Son of Shri Nanuram Khichar, Aged v. Union of India, through Secretary

Judgment

1. Union of India, through Secretary (Power) Ministry of Power, Government of India, Shram Shakti Bhawan, New Delhi.

2. The State of Rajasthan, through Secretary, Department of Energy, Government Secretariat, Jaipur, Rajasthan.

3. Chairman and Managing Director Power Grid Corporation of India Limited, Registered Office At B-9, Qutab Industrial Area, Katwaria Sarai, New Delhi-110016.

4. The Director, Power Grid Bhadala-III, Transmission Limited, Registered Office At B-9, Qutab Industrial Area, Katwaria Sarai, New Delhi-110016.

5. Project Incharge, Power Grid Bhadala-III, Transmission Limited, Registered Office At B-9, Qutab Industrial Area, Katwaria Sarai, New Delhi-110016.

6. Project Head, Line Incharge, 6C-104, Power Grid Bhadala- III Transmission Limited, Jai Narayan Vyas Colony, Bikaner-334001.

7. Head of Department of All Project, Power Grid Corporation of India Limited, Office At B-4/184, Chitrakoot Scheme,

9. Vaishali Nagar, Jaipur-302201. District Collector, Sikar (Rajasthan). Secretary, Urban Improvement Trust, Sikar (Rajasthan). ----Respondents For Petitioner

: Mr. R.N. Mathur, Senior Advocate assisted by Mr. Amit Singh Shekhawat Advocate and Mr. Akhil Dadhich Advocate. [2025:RJ-JP:2118-DB] (2 of 5) [CW-16088/2024] For Respondents : Mr. Virendra Lodha, Senior Advocate assisted by Mr. Prateek Sharma Advocate. Mr. Sumit Tetarwal Advocate on behalf of Mr. R.D. Rastogi, Additional Solicitor General. Mr. Sandeep Taneja Additional Advocate General with Ms. Kinjal Surana Advocate. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 16/01/2025 (Per Hon’ble the Chief Justice):

1. This public interest litigation petition has been filed by the petitioners seeking to challenge installation and laying of transmission lines by the respondent-Power Grid Corporation of India Limited over some of the wards of Village Doojod, District Sikar.

2. Mr. R.N. Mathur, learned Senior Advocate appearing on behalf of the petitioners argued that laying of transmission lines over and above some of the wards of Village Doojod, District Sikar is against the public interest inasmuch as before deciding the route, while conducting survey, District Sikar including Sikar proper was not surveyed to find out as to whether it would be feasible to allow laying of transmission lines overhead. Learned Senior Advocate, referring to survey report placed on record, submitted that survey report, in detail, considers feasibility of laying of transmission lines at different places, but it does not mention District Sikar at all. Therefore, in the matter of preparing action plan, the policy itself has been violated. [2025:RJ-JP:2118-DB] (3 of 5) [CW-16088/2024] Further submission of learned Senior Advocate is that the policy mandatorily requires exploration of the alternative routes. In fact, it is argued, there is nothing in the report or any other document to show that any alternative route was explored. It is submitted that had some exercise been undertaken in that direction, it was easier to find out alternative route excluding Village Doojod, District Sikar.

3. Learned Senior Advocate further argued that not only the local administration, but the public at large raised substantial objections which have fallen on deaf ear and without due and proper consideration of the objections, the respondents are proceeding to lay transmission lines overhead Village Doojod, crossing through some of its wards. It is also submitted that the area is thickly populated, there are hospitals and educational institutions which are going to be adversely affected in their operations if the transmission lines are allowed to cross through the area. In the absence of effective public consultation, public interest has been seriously jeopardised.

4. On advance copy, Mr. Virendra Lodha, learned Senior Advocate appearing on behalf of the respondent-Power Grid Corporation of India Limited would submit that the petition is based on exaggerated facts. He would submit that in the entire petition, there is no ground alleging violation of provisions of law in the matter of laying of overhead transmission lines. Learned Senior Advocate would secondly submit that the hospitals and educational institutions all are situated at a very convenient distance and the Google Map clearly shows that the transmission [2025:RJ-JP:2118-DB] (4 of 5) [CW-16088/2024] lines are being laid over some of the wards of Village Doojod, District Sikar which are not at all thickly populated. In any case, it is argued that the larger public interest lies in laying of transmission lines, so as to facilitate the transmission of power to various areas from the production unit.

5. Having gone through the petition, we find that none of the grounds taken in the petition leads to violation of any statutory provisions contained in the Electricity Act, 2003 or any of the provisions contained in the rules framed thereunder regulating laying of transmission lines. Even if we assume that the survey report did not include Village Doojod, District Sikar, we do not find that any public harm lies in laying of overhead transmission lines which are crossing through some of the wards of Village Doojod, District Sikar. Google Map also indicates that the population underneath is scattered. It is not even a city. The distance of the medical college and other places is such that it cannot be said to be a case of causing public harm in laying of transmission lines overhead Village Doojod, District Sikar, crossing through some of its wards. In order to verify whether objections raised from different corners, including administration, were addressed to by the competent authority of the respondent-Power Grid Corporation of India Limited, we required learned Senior Advocate appearing on advance copy on behalf of the respondent-Corporation to file an affidavit. The averments made in the affidavit along with the minutes of meeting satisfies us that various objections were raised which were considered and only after consideration of those [2025:RJ-JP:2118-DB] (5 of 5) [CW-16088/2024] objections, the respondents have proceeded to lay overhead transmission lines. This Court, while exercising its jurisdiction under Article 226 of the Constitution of India, would not act as an appellate authority to sit over the correctness or otherwise of the opinion formed on various objections. Once it is found that various objections so raised were taken into consideration, the matter ends there.

6. In view of above, this public interest litigation petition is misconceived and the same is, therefore, dismissed. (UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI/-