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TOPIC: HC rejects plea to shut power station in Malibu Towne

HC rejects plea to shut power station in Malibu Towne 2 years 11 months ago #5799

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GURGAON: The Punjab and Haryana High Court has dismissed a petition filed by a resident of Malibu Towne challenging the setting up of a power sub-station close to his house.

The petitioner, Gurbir Singh Dhillon, had approached the court seeking intervention in the proposed power sub-station in the colony. The petitioner is a resident of Sector 47 on Sohna Road. The 66 KVA sub-station is being installed by the Haryana Vidyut Prasaran Nigam (HVPN). The petitioner's main contention was the effects of the sub-station on the health of the residents living in the close vicinity. The petitioner had alleged that exposure to Time-Varying Electric and Magnetic Fields emanating from the sub-station will adversely affect the health of the residents.

The work of the installation of the sub-station is being jointly carried out by the builder and the HVPN. The state government counsel argued in the court that the power sub-station is being set up after a lot of deliberation and as per the master plan of the city. The petitioner had earlier approached the city court seeking the work of sub-station installation be stopped. During the arguments, Justice Surya Kant stated that the apprehension expressed by the petitioner regarding adverse affect on health of the residents of the locality on exposure to Time-Varying Electric and Magnetic Fields, is a seriously disputed question of fact, which cannot be resolved in exercise of writ jurisdiction. He further added that the petitioner is advised to approach the civil court obviously to claim damages if any such adverse impact is caused by the proposed power sub-station.

The court held that the site was earmarked for a power sub-station in 2000 in the approved layout plan of the builder and the sub-station has been set-up on the earmarked site. The% photographs on record indicate that installation work has substantially been completed and it should not take much time in commissioning of the sub-station.

The judge said: "We are also of the view that the electricity is no longer a luxury but is one of the essential basic amenities needed by all residents of the area. The installation of the sub-station, to provide better electricity supply to the residential areas is, thus, essentially in public interest."
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