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Allahabad High Court

GORAKH RAMversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The conversion of the existing line into a double circuit complied with the applicable provisions of the Electricity Act, 2003 and Indian Electricity Rules, 1956, and the petition was dismissed.

Summary

The petitioner filed a public interest litigation seeking to restrain the State and others from laying a 33 kV high‑tension line through a densely populated residential area and main road in Azamgarh, urging an alternative route. The respondents argued that the line already exists and is merely being upgraded to a double circuit, and that all safety clearances under the Electricity Act, 2003 and Indian Electricity Rules, 1956 are being observed. The petition alleged violations of safe horizontal and vertical clearance distances and suggested a non‑populated alternative, which was rejected as flood‑prone. The court examined the submissions and records, found no breach of the statutory provisions, and held that the petitioner’s allegations were unfounded. Consequently, the court dismissed the PIL, finding no ground to entertain it.

Issues considered

  • Whether the conversion of an existing 33 kV line into a double circuit through a residential area violates the safety clearance requirements of the Electricity Act, 2003 and Indian Electricity Rules, 1956.
  • Whether a public interest litigation can be maintained to restrain such conversion despite the line’s existing presence and compliance with statutory norms.

Legislation cited

Subjects

  • public interest litigation
  • high tension line
  • electricity act
  • Indian electricity rules
  • safety clearance
  • residential area
  • infrastructure
  • environmental concerns

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 3310 of 2025

Gorakh Ram
                                                            .....Petitioner(s)
                                  Versus

State of U.P. and 7 others
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Lal Vijay Singh, R. A. Ram
Counsel for Respondent(s)      : A.K.     Goyal,    A.C.S.C.,        Chetan
                                 Chatterjee

Chief Justice's Court
            HON'BLE ARUN BHANSALI, CHIEF JUSTICE
            HON'BLE KSHITIJ SHAILENDRA, J.

1. This petition, purportedly in public interest, has been filed by the
petitioner seeking restraint against the respondents from laying 33 KV
high-tension line through thickly populated residential area and through
the main road of Raunapar to Azamgarh and near the Chaklakpur to
Haiderabad bye-pass area of village Chalakpur Jamin Rasulpur,
Azamgarh and further direction to change the position or direction of the
said line through alternative routes.

2. Submissions have been made in the petition that the respondents were
setting up high-tension electricity line over the residential area and main
road of the village in question and therefore, they may be restrained from
doing so. Further suggestions have been given that high-tension electricity
line can be laid through non populated area.

3. Instructions were produced inter-alia indicating that electricity line in
question was being laid along the road of existing line by making the
same as double circuit and purported alternative routes, as suggested by
the petitioner, were examined, however, as the same was in flood prone
area the same was not found feasible.

4. On such instructions, allegations were made that the electricity line was
being laid in violation of provisions of Indian Electricity Rules, 1956 and
Electricity Act, 2003 pertaining to the safe clearance distance (both
horizontal and vertical).
                                                                                            WPIL No. 3310 of 2025
                                                                   2


                                    5. On the said allegations, further instructions have been produced
                                    denying the allegations made in this regard by submitting that provisions
                                    of Indian Electricity Act and Rules are being scrupulously followed and
                                    the allegations on the contrary are baseless. Further submissions have
                                    been made that Sub-Centre is being constructed for the purpose of
                                    providing quality electricity to 8500 consumers and only with a view to
                                    obstruct the construction whereof, the petition has been filed.

                                    6. We have considered the submissions made and perused the material
                                    available on record.

                                    7. Once the electricity line already exists, which is only being converted
                                    into double circuit, the apprehensions sought to be expressed are wholly
                                    unfounded. As the respondents have taken care of the applicable
                                    provisions of the Rules and Act, mere bald allegations in this regard in the
                                    present petition cannot be countenanced.

                                    8. We do not find any reason to entertain the present Public Interest
                                    Litigation. The same is, therefore, dismissed.



                                                                 (Kshitij Shailendra, J) (Arun Bhansali, CJ)
                                    February 25, 2026
                                    nd




Digitally signed by :-
NISITH DEY
High Court of Judicature at Allahabad


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