The Nagpur bench of Bombay High Court on Monday refused to give protection to the illegal constructions near the high-tension wires. Moreover, the court also authorized the Nagpur Municipal Corporation (NMC) to take appropriate action against the construction.
Justice Sunil Shukre and Justice Milind Jadhav gave the verdict. On August 28 the HC bench issued orders for removing the 3642 illegal construction and for providing adequate police protection to NMC teams for removing the constructions.
Acting on the orders, NMC initiated action against the housing projects of Armor’s Brothers in Sugatnagar and Nara area. Taking objection to the action, 11 residents filed a petition in the HC and requested the court to give protection to their houses. However, after hearing the arguments HC bench rejected their request.
On May 31’ 2017 Priyansh and Piyush Dhar, the twin brothers the resident of Armor’s Brother housing project in Sugatnagar lost their lives when they came in contact with live high-tension wires.
Taking note of the incident the HC took suo moto action and filed a PIL in this regard. During the hearing, the HC bench formed a committee for a survey of the constructions near the high-tension wires and also asked to suggest measures.
The concerned committee completed a survey of one-third area of the city by May 31’ 2019 and submitted its report. As per the report as many as 3204 constructions were identified. The report also mentioned the 438 constructions which had violated the approved draft.
In this case, Adv Shrirang Bhandarkar acted as amicus curie while Adv Shashibhushan Wahane, Adv Shailesh Narnavre, and Adv Sudhir Purnaik represented other respondents.
If the illegal construction is demolished it can be compensated, but if someone lost life after touching high-tension wire the life cannot be retrieved back. Therefore, the illegal constructions near the high-tension wires cannot be regularized. The aggrieved house owners have the right to approach the civil court against the builder and can claim compensation, the HC bench ruled.
Legal provisions
- No construction is allowed under high-tension wires
- High-tension wires cannot be placed above any building
- If any electric wire above 650 watts and 33 KV is to be placed above any building the distance between the roof of building and wire must be 3.7 meters while the left side distance should be 2 meters
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