Case: Adani Power Ltd. Vs Patel Parsottambhai Laljibhai, Patel Laljibhai Hirabhai and Collector. Central Electricity Regulatory Commission
| Judges | Pramod Deo, Chairperson, S. Jayaraman and V.S. Verma, Members |
| Issue | Electricity |
| Judgement Date | April 09, 2010 |
| Court | Central Electricity Regulatory Commission |
Order:
Pramod Deo, Chairperson, S. Jayaraman and V.S. Verma, Members, (New Delhi)
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Adani Power Limited ("the Petitioner"), a public limited company under the provisions of the Companies Act, 1956, filed the present petition challenging the legality, validity and propriety of the order dated July 8, 2009 passed by the District Magistrate, Mehsana in MSC/Electric Case/1/2009 purported to be passed under Rule 3 of the Works of Licensees Rules, 2006 ("the Rules") issued under Section 1 76(2)(e) read with Section 67(2) of the Electricity Act, 2003 ("EA 2003").
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The prayers of the Petitioner are as follows:
(A) This Hon'ble Commission may be pleased to admit and allow the present petition / application;
(B) This Hon'ble Commission may be pleased to quash and set aside the order dated 08.07.2009 passed by the District Magistrate, Mehsana in MSC/Electric Case/1/2009 at Annexure-A;
(C) This Hon'ble Commission may be pleased to stay the execution, operation and implementation of the Order dated 08.07.2009 passed by the District Magistrate, Mehsana in MSC/Electric Case/1/2009 at Annexure-A;
(D) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted.
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The Petitioner submits that it has erected a 400 KV double circuit transmission line for evacuating the electricity generated from its 2640 MW coal based Thermal Power Plant situated near Mundra in District - Kachch, and which would be transmitted to Taluka, Dahegam, District - Ahmedabad. It is further submitted that the Petitioner, being a generating company, is also required to set up Dedicated Transmission Line as per Section 10 of EA 2003 from its project site up to the grid sub-station for evacuating the power from the project.
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The Petitioner submits that the Government of India, Ministry of Power by its letter dated October 10, 2007 had given the Petitioner approval under Section 68(1) of the EA 2003 for setting up Dedicated Transmission Line from Mundra - Dahegam 400 KV D/C to 400 KV switching station at Bapsa village in District Patan. Thereafter, the Central Electricity Authority, Government of India has also given approval for energisation of EHV equipment under Rule 63 of the Indian Electricity Rules, 1956.
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It is submitted that the Respondent Nos. 1 and 2 (hereinafter referred to as "the Respondents") had approached the Collector - District Magistrate, Mehsana (Respondent No. 3) by their letter dated February 24, 2009 objecting to the overhead transmission line that is passing above their field. Further to this, the Petitioner has submitted that the electric poles have been erected in the neighbouring land of the Respondents, and only the transmission line is passing above the land of the Respondents, and the persons in whose field the poles have been actually erected have been paid reasonable compensation amount.
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It is submitted that thereafter, the Respondent No. 3 by its Order dated July 8, 2009 had allowed the application of the Respondents and directed the Petitioner to remove the transmission line from the field of the Respondents bearing Block No. 108/1 (Survey No. 1017) situated at Mouja - Sametra, Taluka - District Mehsana within one month. The Petitioner has submitted that every order made by the District Magistrate or Commissioner of Police or Authorised Officer under Rule 3(1) of the Rules shall be subject to revision by the Appropriate Commission. Accordingly, the Petitioner had approached the Gujarat Electricity Regulatory Commission ("the State Commission") at Ahmedabad since the transmission line from Mundra Power Plant to Dehgam is situated in District Mehsana, Gujarat and it forms part of the intra-state line falling under the jurisdiction of the State Commission. The Petitioner had submitted before the State Commission that the operation of transmission line includes the overhead transmission line and constructing the transmission line for evacuation of power from Mundra Power Station and bringing it up to Dehgam sub-station would fall within the jurisdiction of the State Commission. It has been further submitted that the Respondents have admitted before the State Commission that the land on which the overhead line has been laid down by the Petitioner is only 3 kms. away from the city of Mehsana and that only the Transmission Line passes above their land and no poles / towers are erected on their land.
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Thereafter, the State Commission vide its Order dated September 9, 2009 held that it does not have jurisdiction to entertain the petition since the transmission line forms part of the inter-state transmission...
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