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Judgment
The petitioners have approached this Court by way of present writ petitions filed on 04.01.2016, with the following prayers:-
a) Issue writ of Mandamus order or direction in the form of writ, directing the Respondents 1-3 to shift the Spun Pole and the Transformer fixed
and power supply given through the A-Schedule property to a safest zone or to the place specified by the 6th Respondent as per the approved
plan.
b) Issue writ of Mandamus order or direction in the form of writ, directing the Respondents 3 & 4 to comply the reminders issued by the
Respondent Nos.1-3 and also to see that the residents of the Petitioners, but interest should be safeguarded to occupy the schedule property.
c) Grant any other relief/relief''s as the Hon''ble Court deems fit under the circumstances of the case including the cost of the suit in the ends of
justice"".
Upon issuance of notice, the Respondents- BESCOM have put in appearance.
The learned counsel for the petitioners Mr. H.P.Leeladhar has submitted that the Builder of the Apartment, one flat of which is owned by the
present petitioners did not provide the open space for power Transformer to be installed there by the Respondents- BESCOM and the electric
pole and the wires with the running electricity are so near the apartment of the present petitioners, which may cause accident including the fatal
accident and therefore, the Respondent-BBMP and the landlord of the Apartment be directed to shift the electric pole and Transformer to other
suitable place.
The learned counsel for the petitioners has also drawn the attention of the Court towards the recommendations in this regard made by the Deputy
Chief Electrical Inspector vide Annexure-J dated 19.09.2015 and Annexure-K dated 28.09.2015.
On the other hand, learned counsel for the Respondents-BESCOM has submitted before the Court that the Power Transmission lines were
drawn and electric pole was constructed, even prior to the construction of the Apartment Building itself and if the Apartment Building owner has
constructed the building without proper sanction and has not provided any open space for installation of the Transformer and the electric pole
within the said Building premises or land there itself, the Respondents-BESCOM cannot be blamed for the same and it was for the private Builder
6th Respondent - M/s. Prithvi Builders & Developers to take suitable measures in this regard and provide either the open space for installation of
Transformer and electric pole within the land of the said building itself or to take the suitable measures in this regard.
Having heard the learned counsels for the parties, this Court is satisfied that the writ petitions for seeking a direction to shift the electric pole and
Transformer is not maintainable and no such direction can be issued to the Respondents-BESCOM at this stage. It was for the private Builder,
who has constructed the multi-storied building in question to provide proper open space for the installation of the power equipments including the
electric pole and Transformer in the said land itself. From the site photographs produced by the petitioners, there appears to be no open space in
the said land on which the said multi-storied apartment building has been constructed, to shift the said electric pole and the Transformer.
That is why, while passing the interim directions on 04.07.2017, the parties were asked to suggest some suitable alternative place either in the
compound, where the said apartment building has been constructed or any other suitable place which may minimize the risk of the life of the
petitioners and their family members without causing corresponding damage to the other neighbours. By now also, no such alternative place has
been suggested by either of the parties before this Court.
Therefore, this Court cannot issue any mandamus direction in this regard. The writ petitions are therefore liable to be dismissed and the same are
accordingly dismissed. No costs.