Injunction against pspcl
rajvinder singh
(Querist) 02 May 2012
This query is : Resolved
pspcl is punjab state power corp. whether injunction can be sought against it for not installing the towers on land of privately owned.
what should be done to restrain them?
Nadeem Qureshi
(Expert) 02 May 2012
Dear Rajvinder Singh
First of all send a legal notice to PSPCL for a period of two months after that you can file an injunction suit against them. Because according to Section 80 Of CPC it is Mandatory.
feel free to call
rajvinder singh
(Querist) 02 May 2012
sir its a pvt. corporation.is it necessary to send notice
Suhail A.Siddiqui
(Expert) 02 May 2012
It is related with State Govt and you may go direct in writ to get early remedy. Check this is free or acquired
Raj Kumar Makkad
(Expert) 02 May 2012
Aggrieved person can only agitate for compensation but cannot get injunction against it because it is performing public interest.
Raj Kumar Makkad
(Expert) 02 May 2012
repeated query which has already been replied. Refer to m earlier reply.
ashutosh mishra
(Expert) 03 May 2012
Well Sir!
You are advised to go with following provisions of Electricity Act2003 before deciding your remedy which may be a law suit for injunction or a writ too.
Provisions relating to overhead lines
Overhead lines.
68.
An overhead line shall, with prior approval of the Appropriate Government, be installed or kept installed above ground in accordance with the provisions of sub-section (2).
The provisions contained in sub-section (1) shall not apply-
in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is used or intended to be used for supplying to a single consumer;
in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or
in such other cases as may be prescribed.
The Appropriate Government shall, while granting approval under sub-section (1), impose such conditions (including conditions as to the ownership and operation of the line) as appear to it to be necessary
The Appropriate Government may vary or revoke the approval at any time after the end of such period as may be stipulated in the approval granted by it.
Where any tree standing or lying near an overhead line or where any structure or other object which has been placed or has fallen near an overhead line subsequent to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of electricity or the 36 to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, an Executive Magistrate or authority specified by the Appropriate Government may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he or it thinks fit.
When disposing of an application under sub-section (5), an Executive Magistrate or authority specified under that sub-section shall, in the case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee.
Explanation. - For purposes of this section, the expression tree shall be deemed to include any shrub, hedge, jungle growth or other plant.
Notice to telegraph authority.
69.
(1) A licensee shall, before laying down or placing, within ten meters of any telegraph line, electric line, electrical plant or other works, not being either service lines, or electric lines or electrical plant, for the repair, renewal or amendment of existing works of which the character or position is not to be altered,-
submit a proposal in case of a new installation to an authority to be designated by the Central Government and such authority shall take a decision on the proposal within thirty days;
give not less than ten days' notice in writing to the telegraph authority in case of repair, renewal or amendment or existing works , specifying-
the course of the works or alterations proposed ;
the manner in which the works are to be utilised ;
the amount and nature of the electricity to be transmitted;
the extent to, and the manner in which (if at all), earth returns are to be used ,
and the licensee shall conform to such reasonable requirements, either general or special, as may be laid down by the telegraph authority within that period for preventing any telegraph line from being injuriously affected by such works or alterations: Provided that in case of emergency (which shall be stated by the licensee in writing to the telegraph authority) arising from defects in any of the electric lines or electrical plant or other works of the licensee, the licensee shall be required to give only such notice as may be possible after the necessity for the proposed new works or alterations has arisen.
Where the works of the laying or placing of any service line is to be executed the licensee shall, not less than forty-eight hours before commencing the work, serve upon the telegraph authority a notice in writing of his intention to execute such works.
ashutosh mishra
(Expert) 03 May 2012
well sir!
you may check answer posted on your same very repeated post.
Shonee Kapoor
(Expert) 04 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 04 May 2012
Repeated query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
