Moinuddin Khan v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE N,TUKARAMJI WRIT PETITION (PlL) NO: 162 OF 2018 AND C.C.NO: 100 OF 2019 WP (PlL) No: 162 of 20'18 Between:

l\,4oinuddin Khan, S/o late llohd Zama Khan, Aged about 65 yrs, Occ Pensioner, R/o H.no. 1g-4-27glAl11lC, Ghouse Nagar, Nawab Sahab Kunta, Hyderabad ...PETITIONER AND

1. The State ofTelangana, through its Principal Secretary, Energy Having office at T.S. Secretariat, Hyderabad.

2. The Telangana State Southern Power District Company Ltd, rep' by its Chief General lvlanager, Mint Compound, Hyderabad.

3. The Petroleum and Explosives Safety Organisation, A block, sth Floor, CGO Complex, Seminary Hills, Nagpur-440 006

4. Transm,ssion Corporation ofTelangana State, (TS Transco) rep by Chief Engineer Constru;tion Vidyuth Soudha Khairtabad Hyderabad5. The Petroteam and Natural Gas Regulatory Board, rep by its Chairman Having Office at

6. The Central Electricity Authority, Rep by its Chairman Having office at Sewa Bhawan R K Puram Sector-1 New Delhi 110 060

7. The District Collector, Hyderabad District having office at D C Office Chirag ali Lane Abids Hyderabad

8. The Deoartment Of Electrical lnspectorate, Rep by its Chief Electrical lnspector - SialJoi felangana Havi'rg Office at Vidyut Souda Building Hyderabad

9. The Telangana State Electricity Regulatory Commission, Rep by its Chairman Having Oflice at Vidyut Souda Hyderabad (R4 is impleaded as per court order dated 28 08 2018 in lA No 2/2018) (RR 5 to I are lmpleaded as per Court Order Dated 30/01/2019 ln lA No 4/2019 ) ...RESPONDENTS PetitionUnderAt',ic|e226oftheConstitutionoflndjaprayingthatinthe circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or writs more particularly a writ of mandamus declaring that the action of thl respondent No.2 in setting up a 132133 KV and 11132 KV, electric sub station' within i,5 meters from a running petrol bunk/station and 2 meters from a government matemity hospital, at Petla Burj, City College Road, Hyderabad' is illegal and against the Electricity Act and Rules.

lA NO: 1 oF 201 8 Petition under Section 151 CPC praying that in the- circumstances stated in rhe ariidavit f,red n support "'.'l""o"i;t "i;i{:,':Sl "t";l;g.tiri':i:"ili.i'ffi: the respondent No z to.,slop. T"#iJ[ii#: Yr";i"g p"r,"i Bunk/station and 2 ::iii:,,'"* i:1i1: *:iIf,,J ;"li,lili'"i i "i " " + c ivc"

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Road' H vd e rabad pending disposal of the present W t'iirLr' in the interest o{ jLstice and equity' lA NO: 3 OF 2018 Between:

TS TRANSCO' Rep by Chief Engineer Conslruction Vidyuth Soudha Khairtabad Hyderabad ...PETITIONER/PROPOSED RESPONDENT NO' 4 AND X,?ilXtl,[lf Hli]il?Jg.iffIft {X?lr}$?i 11""'*\"PJIi;'?"?I:[:l,*"', RESPONDENT/PETITIONER The State of Telangana, Rep by its Principal Secretary' Energy Having office at T.S. Secretariat, HYderabad TheTelanqanaStateso-uthernPowerDistrictCompanyLtd,rep'byitsChief Ge.ner-al Nl"";"dt. I\'4rnt compound' Hvderaoad' The Petroleum and Explosives Safety Organisation' A block' Sth Floor' CGO c"'rpi"il 5".i", ry Hrils' liragpur-+ao 0oo The Petroleam and Natural Gas Regulatory Board' rep by its Chairman Having Office at The Central Electrlcity Authonty' Rep by its Chatrman Having otfice at Sewa B[;;"R k P;;;m 6ector -t itew betni t to o0o The District Collector, Hyderabad District having office at D C Office Chirag ali Lane Abids HYderabad Ii,13Sf+5,Tru: g E:T[f #lT:ili.lijii 53.?J"'"". 8ffi '*'J5:I'$X'J "**.",. H?ft,il-y3J?,Tffi"8 S:l::"i'-T:3*fl:?

commission' Rep bv its chairman 9.

...RESPONDENTS Petitionundersectionl5lCPCpraying.thatinthe-circumstancesstatedin the affidavit filed in support "t tlnl i"t[ti i(e iigh Court mav be pleased to vacate the interim orders dated'o-ou l''6t?i"'ii ru" oi""r 2018 in W P(PlL)No 162 of 2018 and dismiss the writ Petition Counsel for the Petitioner: SRI' MOHD OSMAN SHAHEED Counsel for the ResPondent No'1:GP FOR ENERGY/ADOL' ADVOCATE GENERAL 2 & 4: SRl. R. VINOD REDDY' SC FOR Counsel for the ResPondent Nos'

TSTRASNCO Counsel forthe Respondent No 9: SRI J' ASHVINI KUMAR Counsel for the Respondent Nos 3' 5 to 8:

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CC NO: 100 OF 20,t9 contempt case under sections 10 to 12 0f contempt of courts Act to punish the Respondent herein for, wirfury viorating, the order of the High court dated 26.06.2018' in lA No. 1 of 2018 in Wp(ptL).No.162 of 2018 Between:

t\,4oinuddin Khan. S/o Late Ivtohd Zama Khan,Occ pensioner.R:/o H.No. 19_4_ 27et At i 1 tc.chouse Nasar, r.tawao Sarrii id;i;,t+i#Hi""' AND ,.. PETITIO N E R/PETITIO N E R Smt. Uma Rant, W/o J Vtdhvanadhan, Cheif Engineer, Constructions, TS TRANSCO, Vidhyurh Soutni, xhairatraora, Hv'o"r""OiolEijd'oEi RESPONDENT Counsel for the petitioner: SRt. MOHD OSMAN SHAHEED ggyTg_.lI.J lL" Respondent: SRt.NAMAVARApU RAJESHWAR RAo, ASSr. SOLICITOR GENERAL The Court made the foltowing: COMMON OROER

c (- THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND i t'

TIIE HON'BLE SRI JUSTICE N. TUKARAMJI WRJT PETITION (PILI No.162 of 2018 and C.C.No.1OO of 2019 COMMON ORDER:

(Per the Hon'ble the ChiefJustice Satish Chandra ShaFI:.o) Regard being had to the controversy involved in the aforesajd cases, they were heard together and are being decided by a common order.

The facts of W.P (PIL).No.162 of 20tB are reproduced as under: - The present writ petition has been filed as a public interest litigation by the petitioner, who is a retired Assistant Sub Inspector of Poiice, stating that the respondent No.2 is establishing a t32/33 KV and 1i/32 KV electric substation within 1.5 km from a running petrol bunk on its western side and 2.00 metres away from a Government Matemity Hospital falling on its eastern side. It has been stated that the respondents i State is violating the Central Electricity Authority (Safety Requirements for Construction, Operation and Maintenance of Electrical Plalts ar-rd Electric Lines) Regulations, 201 1, as well as the Notification dated 12.02.2016 issued l.ly the petroleum and Natural Gas Regulatory Board and therelbre, the follou,ing prayer has been made in the pr.tblic interest litigation:- ._ ?

"lt is thereforc humbl.v prayed that this Hon'b1e Court may be pleased to issue a writ or writs more particularly a writ of mandamus declaring that the action of the respondent No.2 in setting up a 132/33 KV and lll32 KY, electric sub station, within 1.5 metres from a running petrol bunk/station and 2 metres from a government matemity hospital, at petla Burj, City College Road, Hyderabad, is illegal and against the Electricity Act and Rules.

It is also humbly prayed that this Hon,ble Court may be pleased to direct the respondents No.2 to stop the work of setting up a 132/33 KV and 11/32 KV, electric sub station, within 1.5 metres from a running petrol bunk/station and 2 meters from a government maternitv hospital, at Petla Burj, Cit], College Road, Hyderabad, pcnding clisposal oI prcsent W.p.(pll), in the intercst ol jrrstice ancl cqulty."

A counter affidavit has been filed in the matter by the Trarsmission Corporation of Telangana Limite d (TSTRANSCO) and it has be en stated that the TSTRANSCO technical team has inspected the alloted land and taking into consideration the sma11 extent arrd the presence of petrol station adjacent to the land, has proposed the Gas Insulated Substation (GIS) and erection of fire protection walls with a height of 9 metres i.e., 30 feet abutting the petrol station for protecting artd isolating the same. It has further been stated that there shall be no openings in the building to be constructed towards the petrol station and the height of the building , shall be more than 11 metres with specially reinforced

c walls to avoid any fire or any accidents. Learned counsel for the petitioner, at this stage, has stated before this Court that a tender has been issued. However, such speci{ications do not lind place in the tender. Learned counsel appearing for the TSTRANSCO is fair enough in stating before this Court that they shatl be issuing a tender keeping in view the statement made in the counter affidavit in paragraphs 7 and 11. paragraphs 7 and 71 of the counter affidavit Iiied by the TSTRANSCO are reproduced as under:- "7. It is submitted that the TS TRANSCo Technical Team has inspected the allotted land and after taking into consideration the small extent and the presence of the Petrol Station adjacent to the land has proposed the Gas Insulated Sub Station (GIS) and erection of Fire Protection walls with a height of 9 meters ie.

, 30 feet abutting the petrol Station for protecting and isolating the same. 'l'here shall be no openings in the building to be constructed towards the petrol Station and the height of the building shail be more than 11 meters with specially reinlorced u,alls to avoid any fire or any accidents.

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11. It is submitred that the letter dated: 11_07_2018 oI the manufacturer oI Nitrogen lnjection Type Fire Prevention cum Extinguish System (NlFpS) discloses that the said systems are instailecl in the refineries of Hindustan Petroleum Corporation Limited, Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited, Oil and Gas Corporation Limited and Gas iAuthority of Inclia and also in Nuclear plants. The ,. \etter also states that about g6 transformers of 500

MVA, 400 KV havc been saved lrom explosions and fire by utilizrng the NIFPS. The Performance Certificate dated:17 07'2O14 issucd bv Hindnstan Petroleum Corporation Limited (t{lrCl-l rhat the Nitrogen lnjection Transformer Explosior.r Prevention and Fire Extinguishing System installed from the year 2007 in various Translormers at HPCL are found working satisfactori15. since commissioning. Thus the equipment that is proposed to be installed at the present 132/33 KV Sub Station is of high and latest Standards and suitable to be erected in smaller areas." In the light of the aforesaid, the present public interest litigation is disposed of with a direction to the respondents to issue a tender strictly in consonance witlr the statement made on an aflidavit before this Court and the respondents are permitted to establish 132/33 KV arLd ll 132 I(V electric substation, subject to fulfilment of the conditions mentioned above.

In view of the above, the conternpt case is also closed.

The miscellaneous applications pending, if any, shall a-1so stald closed. There sha.l1 be no order as to costs.

SD/. M.RAMANA KRISHNA DEPUTY REGISTRAR //TRUE COPY// sEcnoqgFFieERTo, 1 . The Principal Secretary, Energy, State of Telangana, office at T.S. Secretariat, Hyderabad.

2. The Chief General Manager, Telangana State Southern Power District Company Ltd, l\4 int Compound, Hyderabad.

3. The Petroleum and Explosives Safety Organisation, A block, sth Floor, CGO Complex, Seminary Hills, Nagpur-440 006

4. The Chief Engineer Construction, Transmission Corporation of Telangana State, (TS Transco), Vidyuth Soudha Khairtabad Hyderabad.

5. The Chairman, Petroleam and Natural Gas Regulatory Board,

6. The Central Electricity Authority, Rep by its Chairman Having office at Sewa Bhawan R K Puram Sector -1 New Delhi 110 066

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7. The District Colleclor, Hyderabad District having office at D C Office Chirag ali Lane Abids HYderabad

8. il5;;;;.;nt of Electrical lnsoectorate' Rep bv its Chief Electrical lnspector " siut"-oii"i"ngana Having office at Vidyut souda Building Hyderabad s il;i;ir;;;;j st-t" er"tititirv Resulatbry commission' Rep bv its chairman - frrring Offlce at Vidyut Souda Hyderabad

10. Smt. Uma Rani, Wo 'l VionyJnalnan' Cheif Engineer' Constructions' TS ' " iiur.rt'Cb-, Viunvutn souti'L, Khairathabad' Hvde rabad-500082 r r.i'cd"i" sir.'Ha"iJ o",,n Shaheed' Advocate toPU,C-l- - 'ii.o"'J;;r;';;.n. vinoo Reddv, sc forrSrRASNCo [oPUc] 13.One CC to Sri J. Ashvini Krrmar' Advocate lul-ut'l ;;. o;; aa i; sri. N. nal"sn*ai Rao' Asst solicitor General,[oPUC] 15.Two CCs to GP for Energy, High dourt for the State of.Telangana lOUTl 16.Two CCs to Gp for Advocate 6eneral, High court for the state of Telangana' tourl

17. Two CD CoPies.

18. One Spare CoPY Pl\,4 Sr>.

HIGH COURT DATEDS1 11212021 a f T S € rr uAfl 2m fr :)oo .ol i i Of ST., COMMON ORDER WP(P|L).No.162 of 2018 & CC.No. 100 of 2019 i Disposing of the WP(PIL) and Closing the CC Without costs.

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