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Judgment
Ajay Kumar Tripathi, CJ
The Petitioner claims himself to be a permanent resident of village Ranpur, Manjhatoli, Tahsil Bagicha, District Jashpur and is said to be a Panch of
the said village. Since a sub-station on behalf of the Electricity Department was said to be be established on a particular piece and parcel of land,
objections were raised that setting up of such sub-station would create problems for the Anganbadi Center which is running adjoining to the proposed
sub-station, plus, it will also create impediment in free movement of the villagers to visit their farmland as well as the pond situated in the village. A
direction was sought through the writ application for stoppage of the work, if not prevent establishment of the said sub-station.
In terms of the directions issued from time to time, affidavits have been filed. The affidavits reflect that the sub-station has been set up in a
government land with due approval of the competent authorities keeping in mind all the safety aspect as well. It is also stated that a spot inspection of
the location was held and after participation of the Sarpanch and other members of the said village, it was agreed that the sub-station will not create
any kind of nuisance or cause any kind of danger to life or limb of the villagers of the village in question.
In the affidavit of the Sub Divisional Officer (Revenue), on behalf of the District Magistrate, not only a Panchnama of the villagers have been
annexed but a decision of the Collector in relation to the objection of the Petitioner or some of the villagers has also been annexed which indicates that
the construction of the sub-station, in no manner creates any impediment in the free movement of the villagers since there is a concrete road running
around the sub-station which is more than 3.8 meters in width.
We are satisfied that in the larger public interest, establishment of the sub- station is required whose construction has already been completed and
the same does not stand energised only because of the interim order which was passed by this Court earlier on 20.02.2018.
The writ application is dismissed. The Respondents are now permitted to energize and electrify the sub-station which will now be available for
augmentation of supply of electricity in the area.