Krishan Pal vs State of U.P.

The grievances in the present letter petition sent by Mr. Krishan Pal resident of Village Sikoda, Tehsil Gadhmukteshwar, District Hapur, Uttar Pradesh are that 11 KB line of electricity passing through his fields has damaged mango trees grown by him on his private land. 3 trees had already dried and rest are in danger of being dried. As per the directions issued by the concerned Ministry, electricity line passing over mango trees is to be shifted. He had submitted application for shifting of line on which the concerned JE had conducted the survey and asked him that expenses of Rs. 60,000/- would have to be borne by him for such shifting of line. No action was taken for shifting of the electricity line. He is suffering serious loss due to damage of his mango trees by the electricity line.

Vide order dated 25.04.2022, this Tribunal constituted a Joint Committee comprising of representatives of the State PCB and Uttar Pradesh Electricity Board/UPPCL and District Magistrate, Hapur and directed the same to submit factual and action taken report within three months. The relevant part of the order reads as under:-

“On due consideration of the matter, we are of the view that the allegations made in the present letter need due verification and remedial action. Accordingly, we constitute a Joint Committee representatives of the State PCB and Uttar Pradesh Electricity Board/UPPCL and District Magistrate, Hapur to look into the grievances of the applicant and take requisite action by following due process of law. The State PCB will be the Nodal agency for coordination and compliance. Factual and action taken report may be furnished within three months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.”

In compliance thereof, Mr. Utsav Sharma, Regional Officer, UPPCB has submitted report of the Joint Committee vide letter dated 23.08.2022 sent by email dated 23.08.2022 to this Tribunal. The relevant part of the report reads as under:-

“1. Background

Hon'ble National Green Tribunal has registered the present application on basis of complaint received by Email, whereby it has been alleged by Mr Krishan Pal, resident of Village Sikoda, Garhmukteshwar, Dist ti-t Hapur that a 11 KV line of electricity passing through his fileds has damaged mango trees grown by him on his private land. It has been alleged that 3 trees had already dried and rest are in danger of being dried. Complainant has also stated that the concerned Ministry has issued directions that electricity line passing over mango trees is to be shifted.

The complainant had submitted an application in electricity department for shifting of said line. Subsequently, Junior Engineer had conducted the survey and asked him that expenses of Rs. 60,000/-would have to be borne by the complainant for such shifting and no action with regards to shifting of line has been done on site and he is suffering serious loss c,ue to damage of his mango trees by the electricity line.

In pursuance of  above complaint, Hon'ble Tribunal had passed following orders on 25.04.2022:-

"...On due consideration of the matter, we are of the view that the allegations made in the present letter need due verification and remedial action. Accordingly, we constitute a Joint Committee representatives of the State PCB and Uttar Pradesh Electricity Board/UPPCL and District Magistrate, Hapur to took into the grievances of the applicant and take requisite action by following due process of law..."

Compliance Report:

In compliance of Hon'ble Tribunal's orders, the Joint Committee comprising of Shri Vivek Kumar, Sub-Divisional Magistrate, Shri Tejpal Singh, Sub-Divisional Officer, Electricity Distribution ❑ivision-1i1, PVVNL, Hapur and Shri Kishan Singh, Assistant Environment Engineer, UPPCB conducted the joint survey of the site n Village Sikheda, District Hapur along with the complainant Shri Krishna al (Sio Shri Shyonaath Singh) on 15.07.2022.

The complainant info med the Committee that 11 KV line is passing through his fields and a .( le is also erected on his field for said line at one point. He also informed hat mango plantation dating back to 20-25 years comprising of around 17 mango trees was there in his fields out of which 3 trees have dried up after coming in contact with the 11 KV line. However, during site survey just one dried up trunk could be identified on site and cause of same could not be ascertained. Photograph taken on site at the time of inspection are as below.

Sub-Divisional Officer, Electricity Distribution Division informed that there is no 11 KV (HT Line) passes through the field of the complainant, instead a 440VoIt LT line is passing through two trees and the said line does not have any impact on the trees. It was further informed that the said line is around 50 years old and is for purpose of supply to DRM Railway Gate No. 61 at Village Shakarpur and 2 private borewells (one each in Village Shakarpur and Village Sikheda). Letter has also been sent in this regard to the office of SDM, Garhmukteshwar, Hapur on 18.05.2022, copy of same is annexed as Annexure I.

Sub-Divisional Officer, Electricity Distribution Division has also informed that the complainant had given an application to shift the LT Line and site survey was done and estimate of Rs. 58,574/- was given to the complainant vide letter dated 11.10.2021 to undertake the work of line shifting, however, no payment was received from Shri Krishna Pal hence the work has not been done. Copy of the letter dated 11.10.2021 is annexed as Annexure II.

During survey, the complainant had informed the joint committee that he would give a fresh undertaking for purpose of getting a new revised estimate for getting the line shifted partially but it has been informed by the office of the Executive Engineer, Electricity Distribution Division, PVVNL, Garhmukteshwar vide letter dated 06.08.2022 that no undertaking has been received from the complainant hence the process is pending at complainant's end, copy of said letter is annexed as Annexure Ill. Assistant Engineer, UPPCB contacted the complainant on his mobile number +919717662661 On 21.08.2022 regarding submission of fresh undertaking to which he informed that he would not be giving any fresh undertaking in the said matter. Thus, though the electricity distribution division has agreed to shift the said line but same is pending as requisite charges have not been deposited as required.

Report is being put up for kind perusal and further necessary directions.”

In view of the observations made in the report that 440 Volt LT line, which is around 50 years old and is for purpose of supply to DRM Railway Gate No. 61 at Village Shakarpur and 2 private borewells (one each in Village Shakarpur and Village Sikheda), is passing through two trees but the said line does not have any impact on the trees.

In view of this verified factual position, no question relating to environment arising out of implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010 arises in the present case and no intervention by this Tribunal in exercise of its powers under the provisions of the National Green Tribunal Act, 2010 is, therefore, warranted.

However, we find that Sub-Divisional Officer, Electricity Distribution Division has, while referring to the application of the present applicant to shift the LT line, submitted that the same could be shifted on furnishing of undertaking by the applicant that the estimated cost of Rs. 58,574/- would be paid by the complainant.

In view of above cited letter dated 11.10.2021, the applicant may approach the Executive Engineer, Electricity Distribution Division, PVVNL, Garhmukteshwar for shifting of the line on payment of estimated cost which may be worked out as per options available on the spot. In case the applicant so approaches and undertakes to pay the estimated cost, the Executive Engineer, Electricity Distribution Division, PVVNL, Garhmukteshwar may look into the matter and may take appropriate action for shifting of the line.

In view of above, the application is disposed of with liberty to the applicant to approach the Executive Engineer, Electricity Distribution Division, PVVNL, Garhmukteshwar or avail other appropriate remedies as may be available in accordance with law.