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Judgment
T. Nandakumar Singh, J.—Heard Mrs. P Goswami, learned counsel for the petitioner, Mr. ND Chullai, learned Sr. GA assisted by Mr. R Gurung, learned GA appearing for the respondents No. 1-4 and Mr. KS Kynjing, learned senior counsel assisted by Mr. LM Suna, learned counsel appearing for the respondents No. 5-8.
This Court passed an order dated 29.10.2015 in the present writ petition. Para 8 of the said order of this Court dated 29.10.2015 reads as follows:-
"8. In such circumstances, this Court is of the considered view that the State Government is responsible for law and order problem. State has to maintain law and order problem through the concerned officials of the State Government. Here in this case, the Deputy Commissioner, District of Ri-Bhoi, Nongpoh, Meghalaya (respondent No. 2) and the Superintendent of Police, Ri-Bhoi, Meghalaya (respondent No. 3) are solely responsible for maintenance of law and order. In such a situation, Mr. N.D. Chullai, learned Sr. GA, appearing for the respondents No. 1 to 4 has to take definite instruction (i) as to why the anti-social elements had disturbed the installation of the power line? and (ii) as to why the respondents No. 1, 2, 3 and 4 had not provided police protection or special facility to the contractor and officials of the MePDCL in installation of the power line? on or before 05-11-2015. The respondent No. 4, Officer in Charge, Khanapara, Dist-Ri Bhoi, Meghalaya shall present in person before this Court on 05-11-2015 at 10.30 A.M."
The prayer sought for in the present writ petition is for a direction to the respondents to install 11 KV power line within a period of seven days and also further direction to the respondents No. 1-4 to give necessary security protection to the contractors, labourers and officials of MePDCL in installing the power line.
MR. KS Kynjing, learned senior counsel appearing for the respondent No. 5-Chief Engineer, MePDCL and also respondents No. 6-8 submits at the Bar that the authorities of MePDCL have already taken steps to install the 11KV power line as the Block Development Officer-cum-Programme Officer Umling C & RD Block had already issued certificate dated 01.10.2015 to the effect that the office has no objection to the erection of electrical posts by the MeECL. The said certificate issued by the Block Development Officer-cum-Programme Officer Umling C & RD Block dated 01.10.2015 (Annexure-5 to the writ petition) reads as follows:-
"GOVERNMENT OF MEGHALAYA OFFICE OF THE BLOCK DEVELOPMENT OFFICER, UMLING C & R.D. BLOCK
NCDB/MGNREGA-MISC/2013-14/47/479 Dated Umling the 01st Oct, 2015
CERTIFICATE
Certified that the Kutcha Road at Pahamkancho starting from NH. 37 to the entrance of Patharkhushi has been constructed by the VEC Pahamkancho under MGNREGA fund during the financial year 2013-14. As such the office of the undersigned has no objection to the erection of electrical posts by MeECL.
Sd/- Block Development Officer Cum Programme Officer Umling C & RD Block"
The installation of 11 KV power line is for the interest of the public and also for the residents of the area where the power line is to be installed. Mr. ND Chullai, learned Sr. GA appearing for the respondents No. 1-4 submits at the Bar that one lady has raised objection on the ground that the said pole for laying 11 KV power line is going to be erected in her land. He further submitted that accordingly an FIR had been filed i.e. criminal case with the Officer-in-Charge, Khanapara Police Station. The Officer-in-Charge, Khanapara himself appeared in person before this Court. This Court makes him understand that the police have nothing to do regarding the title of the land where the said pole is going to be erected for laying 11 KV power line. This case is purely civil in nature. The only part of the police is to direct the said lady to go to the competent authority. The Officer-in-Charge, Khanapara Police Station on the basis of the FIR filed by the said lady cannot prevent the MePDCL from erecting the said pole for laying 11 KV power line on the basis of the certificate dated 01.10.2015 issued by the competent authority. It is made clear that the said lady has to approach the competent authority for her alleged grievance in erection of the pole for laying 11 KV power line by the contractors and officials of MePDCL.
It is also made clear that the pole for laying 11 KV power line is to be erected on the place for which the no objection certificates had already been issued by the Block Development Officer-cum-Programme Officer Umling C & RD Block under his certificate dated 01.10.2015 and also by the Syiem Raid Marwet & Dorbar under his certificate dated 11.11.2012, and the contractors and officials of MePDCL have to erect the said pole for laying 11 KV power line within a period of seven days from today. The respondent No. 3-Superintendent of Police, Ri Bhoi District, Nongpoh and the respondent No. 4-Officer-in-Charge, Khanapara Police Station, shall provide necessary security protection to the contractors and officials of MePDCL while erecting the said pole for laying 11 KV power line.
With the above observations and directions, this writ petition is disposed of.