The Rajasthan High Court dismissed a Public Interest Litigation (PIL) filed assailing the laying and installation of high tension lines and Grid Sub Station (GSS) under the notification dated 11th September, 2017.
The Division Bench of Chief Justice Pankaj Mittal and Justice Sandeep Mehta observed that the controversy raised in the petition is squarely covered by the Division Bench decision of the High Court dated 01.09.2022 rendered in Kailash Ram & Ors. Vs. State of Rajasthan & Ors.
The said decision has been given after due consideration to the decision of Gujarat High Court in the case of Gujarat State Energy Transmission Corporation Limited Vs. Ratilal Maganji Brahmbhatt (Barot) reported in AIR 2021 CC 1044 wherein, the Court dealing with the provisions of the Telegraph Act, 1885 and the Electricity Act, 2003 has held that where electricity transmission lines are being laid in furtherance of notification issued by the appropriate Government and the said notification is not under challenge, the Court would not be required to go into the validity thereof.
The alignment of the overhead lines having been decided by the competent authority after following the due process of law is not liable to be interfered with by the Courts that too in exercise of power of judicial review or exercise of extraordinary jurisdiction under Article 226 of the Constitution of India , held by the high Court.
“In view of the aforesaid facts and circumstances, laying of high transmission lines and GSS way back in the year 2019 by following due process of law are not liable to be interfered with and the petition is accordingly dismissed.”, the order reads.