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Court has no jurisdiction to decide on route of transmission line

Excelsior Correspondent

Srinagar, Nov 8: High Court today dismissed a petition filed by villagers of Bandipora who want transmission line passing through the village to be shifted and said that it has no jurisdiction to decide on route of transmission line.
The Court observed that it is the domain and expertise of the technical personnel to decide and execute the transmission line project and court can’t pass any direction on it.
Rejecting the claim of petitioners for prohibiting and restraining the authorities from laying the transmission line through Aloosa village and to remove the bases of electric towers in view of the hazardous effect, Justice M K Hanjura dismissed the plea of petitioners with the observation that it is not within the power and jurisdiction of this Court to substitute its own views on what and how the route of the transmission line should be.
He said the route of the transmission lines is designed on variety of considerations, chiefly, the technical criterion and frame work and any deviation will lead to consequences which may be perilous, risky and unsafe and, to cap it all, the decision made by the authorities is not amenable to judicial review.
The petitioners had given a representation to the Divisional Commissioner, Kashmir, espousing their grievance. “It is for the Divisional Commiss-ioner, Kashmir, to hold an enquiry along with the authorities who are executing the project and decide the issue”, Court said.
Court also directed that such an enquiry shall be conducted at the earliest, preferably within a period of four weeks from the date of receipt of certified copy of this order.
Court directed the concerned authorities to enquire into the claim of the individuals who have not been paid any compensation and pay them, if they are entitled to it.
The authorities are laying high voltage transmission lines of 220KV Kishanganga Amargarh, Wagoora, through the densely populated area of Aloosa, Bandipora and residents want it should be shifted away from the village.

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