You are on page 1of 4

HARYANA ELECTRICITY REGULATORY COMMISSION

BAYS 33-36, SECTOR 4, PANCHKULA 134 112 HARYANA


Case No. HERC/PRO-11 of 2014
Date of hearing:
10.03.2014
Date of order:
26.03.2014
In the matter of
Judgment order dated 14.011.2013 of Honble Appellate Tribunal For
Electricity in Appeal No. 135 of 2012 in the matter of Shri Vidya Sagar
Garg Vs. Shri Surender Singh & Others.
Shri. Vidya Sagar Garg
23, Indra Sagar Apartments,
Civil Lines, Nagpur

Petitioner/Appellant

VERSUS
1. Shri Surender Singh, Executive Engineer, Lines Construction
Division, Yamunanagar.
2. Shri Subhash Chand, AEE, Lines Construction Sub Division,
Yamunanagar.
3. Shri Ashok Verma, AAE, Lines Construction Sub-Division
Yamunanagar.
4. M/s K. Rajinder Rao, Transmission & Project Pvt. Ltd., through the
Managing Director, Praveen Chambers, Khairatabad, Hyderabad.
Respondents
PRESENT:
On behalf of the Appellant
None
On behalf of the Respondents
Shri , Sarvjeet Singh, Advocate
Quorum
1. Shri R.N. Prasher, Chairman
2. Shri Jagjeet Singh, Member
3. Shri M.S Puri, Member
1|Page

ORDER
1.0

Brief of the Case

1.1

A petition had been filed on 17.11.2011 by Sh. Vidya Sagar Garg through
his power of attorney holder Sh. Manish Goel under section-67 (4) of the
Electricity Act, 2003. The reason of filing of the petition was that the
respondent

(HVPNL)

planned

to

erect

220KV

D/C

electricity

transmission line by having LILO arrangement on DCRTPP - Abdullapur


line, for feeding supply to 220 KV Rampur Kamboyan sub-station and for
this purpose the HVPNL planned to erect a tower number 39 (D+3Meter)
in the land of the petitioner. Through this petition, the petitioner
requested to grant ad interim ex-party protection to the petitioner by
directing the respondents not to take any coercive action and enter the
land of the petitioner or carry on any work what so ever till the decision
in the present case.
After hearing the parties on 02.12.2011 and 27.03.2012, and having
gone through the documents placed on record and the relevant
provisions under various Acts/Rules, the Commission passed following
order in the matter on 24th April, 2012.
In view of above referred provisions and as per powers conferred
under section-67 (4) of the Electricity Act, 2003, this Commission
decides that the petitioner should take up the matter with the
District Magistrate Yamuna Nagar as per remedy available to him
under section-12 (2) and section-12 (3) of the Indian Electricity Act,
1910 which are applicable in the present case.
1.2

The Petitioner Shri Vidya Sagar Garg filed an appeal (Appeal No. 135 of
2012) before Honble Appellate Tribunal For Electricity, against above
order passed by the Commission.
The Honble Appellate Tribunal For Electricity, in its Judgment Order
dated 14.11.2013, passed following order:-

2|Page

In view of our findings above, the impugned order is set aside.


Consequently we direct the Haryana State Commission to adjudicate
upon the dispute between the parties and decide the issue of
compensation under Section 67 (4) of the Act.
1.3

In view of the Judgment referred above, the Commission vide its letter
dated 04.12.2013 asked the parties to make written submissions if any
in the matter within 15 days. In response, the Appellant submitted
written

submissions

vide

his

application

dated

21.12.2013.

The

Respondent HVPNL, vide their letter dated 06.01.2014, informed the


Commission that they have filed a civil appeal in the Honble Supreme
Court of India against the order of Honble APTEL New Delhi.
2.0

Proceedings
The Commission decided to hear the matter and as such a hearing was
fixed for 10.03.2014 at 11:30 A.M and notices were issued to the parties
concerned. In the mean time an order from Honble Supreme Court of
India, in Civil Appeal No. 280 of 2014 with Interlocutory Application
No. 1, was received which stated as below:Issue notice.
In the meanwhile there shall be stay of operation of the impugned
order of the Appellate Tribunal. The concerned District Magistrate,
however, is directed to determine the compensation under Section
12(3) of the Indian Electricity Act, 1910 expeditiously.
A copy of the above order of Honble Supreme Court of India was got
delivered

to

District

Magistrate,

Yamuna

Nagar

through

special

messenger on 07.03.2014, as the directions of the Honble Supreme


Court of India were to his office.
The hearing was held on the scheduled date. Nobody appeared on behalf
of the Petitioner. However, Shri Sarvjeet Singh, Advocate appeared on
behalf of the Respondents.
3|Page

3.0

Commissions Order
In view of the Honble Supreme Court of India order, mentioned under
Para 2.0 above, subsequent to the order dated 14.11.2013 passed by
Honble Appellate Tribunal For Electricity, directing the Commission to
adjudicate upon the dispute between the parties and decide the issue of
compensation under Section 67 (4) of the Act, no action is to be taken by
this Commission at this stage.
This order is signed, dated and issued by the Haryana Electricity
Regulatory Commission on 26th March, 2014.
Dated:- 26th March, 2014
Place:- Panchkula

(M.S Puri)
Member

4|Page

(Jagjeet Singh)
Member

(R.N. Prasher)
Chairman