Sheo Singh And Company And Others vs State Of Haryana And Others

Harsimran Singh Sethi, J

In the present petition, the challenge is to notification dated 10.06.2014 bearing No.761-Agri.Sec.(1) 2014 (Annexure P-3) issued by respondent No.1, by which a New Subzi Mandi, Tauru, has been notified as sub-market yard of notified market “Tauru” and has been further constructed.

Learned counsel appearing appearing on behalf of the petitioners submits that in accordance to the impugned notification, the petitioners are to be dislocated from their present market place, from where they are carrying out their business so as to shift to the New Subzi Mandi, Tauru, but the New Subzi Mandi, Tauru, has been constructed in a manner which is causing danger to the life of the petitioners as well as others who will visit the notified New Subzi Mandi, Tauru as high tension wires are crossing over the said newly constructed Subzi Mandi. Learned counsel submits that despite the fact that High tension wires were already present at the site, still respondent Nos.2 to 4 constructed the New Subzi Mandi, at a place which is directly under the high tension wires, which is hazardous to the life and well being of any one present there and hence, no activity can be undertaken in the said New Subzi Mandi, Tauru and in case the petitioners are forcibly located there, they have the fear for their lives as there is a high possibility of happening of a life threatening incident on any given day. Learned counsel for the petitioners submits that the petitioners should not be forced to occupy the space in the New Subzi Mandi, Tauru, to carry out their business without removing the said high tension wires, which are crossing over the said Mandi and should be allowed to operate from recent places, from where they are operating for the last more than 33 years.

Learned counsel appearing on behalf of respondent Nos.2 to 4 concedes that high tension wires are crossing over the New Subzi Mandi, Tauru and these wires are proposed to be relocated, as those high tension wires pose threat of any untoward incident but submits that the proposal qua said aspect was sent to the newly added respondent No.6 i.e. HVPNL for relocation of high tension wires, in regard to which, the negotiations are still going on.

Learned counsel appearing on behalf of respondent No.6 submits that keeping in the fact that respondent Nos.2 to 4 approached HVPNL for resolving the issue of these ‘high tension wires’, they were informed qua the said aspect that the expenditure to relocate the high tension wires is to be borne by respondent Nos.2 to 4 as far back as 01.01.2024, but thereafter, no indication has been received at the hands of respodnent Nos.2 to 4 that whether the said work is to be undertaken or not.

Learned counsel for respondent Nos. 2 to 4 submits that he has received instructions to say that the expenditure to relocate the high tension wires will be borne by respondent Nos.2 to 4 but the work needed to be done to execute the same is to be done by respondent No.6-HVPNL.

Learned counsel appearing on behalf of respondent No.6-HVPNL submits that the moment the said proposal is sent by respondent Nos.2 to 4 to the respondent No.6-HVPNL, estimate qua the expenditure will be prepared and approximately, 1½ to 2 years’ time will be taken to relocate the said high tension wires.

Keeping in view the above mentioned facts, the present petition is being disposed of by giving following directions:-

(A) Within a period of four weeks from today, due proposal will be sent by respondent Nos.2 to 4 to respondent No.6-HVPNL allowing them to relocate the high tension wires, which cross over the newly constructed the New Subzi Mandi, Tauru.

(B) Further, the expenditure which will be incurred upon such relocation, will be borne by respondent Nos.2 to 4, as undertaken by respondent Nos.2 to 4.

(C) Further, upon receiving the said proposal, immediate action will be taken by respondent No.6-HVPNL to relocate the high tension wires and such kind of proposal/plan be made that the same should be done at the earliest with the minimum costs.

(D) Till the existing high tension wires, which are crossing the New Subzi Mandi, Tauru, are relocated, the petitioners will be allowed to continue to operate from their existing market place so that no untoward incident happens resulting into loss of life or the property in any manner.

(E) In order to avoid any untoward incident, respondent Nos.2 to 4 will ensure that no one occupies the premises at New Subzi Mandi, Tauru till the completion of work of relocating the high tension wires and immediately when the said high tension wires are relocated, respondent Nos.2 to 4 will be at liberty to shift the petitioners to the New Subzi Mandi, Tauru.

The present petition is disposed of in above terms.

Pending application(s), if any, also stand disposed of.