| The appellant has filed the appeal petition, being aggrieved at the inaction of KSEB to shift the 11 kV electric line passing through her property to the road side, situated under Electrical Section, Chalakudy, in Thrissur District. She alleges that the said electric line was drawn long ago through her property. The 11 kV Muringoor feeder from the Chalakudy 110 kV substation to Muringoor under Electrical Section, Melur is partly passing through the property of the appellant. She owns the land and due to the Line passing above, she finds difficulty to construct a house in her property underneath the said Line. The KSEB authorities inserted one additional pole in her property without her consent. Though the appellant had approached the KSEB for shifting the 11 kV line and to remove the pole, it has not been materialized till date. Since no proper action was taken on the same, she has filed petition before the CGRF, Ernakulam vide Petition No. OP No. 129/2016‐17 and the CGRF had disposed it by order dated 25-03-2017, with the remarks as;
“1. Through the petitioner’s property itself along the boundaries: The respondent agreed during the site visit that, they are ready to shift the existing line to the boundaries of the petitioner’s property at their own cost. The petitioner has also agreed to this proposal during the site visit”.
2. To shift the line through the side road as mentioned in the complaint by the petitioner: This side road is around 12 feet width and is not straight. This work requires large quantity of additional materials including poles. The consent of nearby property owners is also required for planting stays or struts etc while shifting the line. The amount required for shifting the line shall be met by the beneficiaries jointly”.
“In view of the above circumstances, the respondent is directed to intimate the estimate amount required for the second option to the petitioner within one week. If the beneficiaries agree, this work may be executed; otherwise first option shall be executed by obtaining written permission from the petitioner”.
Accordingly the respondent had sent a letter dated 31-03-2017 for obtaining consent to shift the line on the boundary of the appellant’s property. As the appellant had not responded to this letter, the respondent had also prepared an estimate amounting to Rs. 8,60,500/‐ and demanded the appellant to remit the same for shifting the line on the road side.
Still aggrieved by the said order of the CGRF, the Appellant has filed the Appeal Petition, before this Authority.
From the analysis done and conclusions arrived at, I take the following decision.
If the appellant is willing to shift the existing line to the boundaries of her property, the respondent shall carry out the work at their own cost as agreed by the respondent and ordered by CGRF in its order dated 25-03-2017 in OP No. 129/2016-17.
The second option is that the KSEBL shall take action to shift the portion of the 11 kV OH line and ABC from the property of the appellant along with upgradation work of Chalakudy Substation, without collecting any cost from the appellant.
Having concluded and decided as above, it is ordered accordingly. The Appeal Petition filed by the appellant is found having merits and is allowed to the extent it is ordered. |
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2017-09-28 00:00:00 |
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P/059/2017 Smt. Gracy Varghese Ernakulam 