Courts Update Madhya Pradesh High Court dismisses plea declining to treat...

Madhya Pradesh High Court dismisses plea declining to treat it as PIL

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Madhya Pradesh Aug 24(ILNS): The Madhya Pradesh High Court recently dismissed a petition declining to treat it as public interest litigation.

This petition was filed by Sudheer Bhai Rajput alleging that private respondents have constructed shops on land over which a high voltage line of 33kv is passing, which may pose a health hazard to the residents of the area.

The Jabalpur Division Bench comprised of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla while considering the Petition held that the Electricity Company concerned can always assail the order of the Tehsildar before the Collector and even the Petitioner can approach the Collector raising this grievance.

A complaint to this effect has been made to the Tehsildar by the Electricity Department in which the finding has been recorded by the Tehsildar that the location or land of one of the Respondents does not come under the high tension wire.

Swapnil Ganguly, Deputy Advocate General, submitted that this petition need not be entertained as a PIL as Madhya Pradesh Poorva Kshetra Vidyut Vitran Company itself is vigilant about this aspect and it has filed a complaint before the Tehsildar.

The Tehsildar vide order dated 27.03.2021 after hearing all the concerned parties dismissed the application. Deputy Advocate further submitted that now it is for the Madhya Pradesh Poorva Kshetra Vidyut Vitran Company to challenge the aforesaid order before the Collector.

Anuvad Shrivastava, Counsel for the Petitioner alleged that Tehsildar is favoring one of the Private Respondents and therefore his order is not legally correct.

“We, therefore, do not deem it appropriate to treat this matter as Public Interest Litigation. The writ petition is accordingly dismissed,” the order reads./ILNS/SS/SNG

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