PANAJI
The Bombay High Court at Goa has declined interim relief to a petitioner who sought a stay on the construction of foundations for towers to lay the High Tension Transmission Line under the Tamnar project, but said that the construction of the towers would be subject to the final outcome of the petition.
Hearing a petition filed by one Yeshwant Hari Gawas, the High Court said that no case was made out for interim relief especially since the petitioner had not challenged the order of the Collector invoking the Indian Telegraph Act with respect to the survey numbers owned by the petitioner.
The petitioners in their petition alleged that the works will proceed during the next few days and cause destruction to their agricultural properties and that the work was being carried out without the requisite permissions under the Indian Telegraph Act.
“Considering the fact that the order of the Collector was passed way back on 13.03.2024 and has not been challenged by the Petitioners so far, and further, since the construction of this power line is a project of public importance, the balance of convenience would lie in favour of the Respondents at this stage. No interim relief could be granted at this stage. Respondent No.6 will carry out the works in question through the properties of the Petitioners wholly at their own risk. The works carried out by the Respondent No.6 shall be subject to the outcome of this petition,” the bench of Justices M S Karnik and Valmiki Menezes said.
Earlier the Advocate General had placed on record an order dated 13.03.2024 passed by the District Magistrate, North Goa under which powers under Section 16(1) of the Telegraph Act have been exercised to direct the Superintendent of Police, North to provide necessary police protection to the licencee authority (Respondent No.6) to carry out the construction of the towers on the very survey numbers which are the subject matter of this petition.
