The high court has directed the managing director of Bescom to file an affidavit and take a specific stand as to whether the electricity supply company has the authority to set up transformers on footpaths without seeking consent or approval of the Bruhat Bengaluru Mahanagara Palike (BBMP).
A division bench headed by Chief Justice Abhay Shreeniwas Oka is hearing a PIL petition filed by G B Athri, a retired wing commander of the Indian Air Force (IAF). The petitioner argued that the installation of transformers on roads and footpaths is not only haphazard but that it also poses grave danger to human lives.
Bescom claimed that it has the powers to set up the transformers under the Electricity Act and the Telegraph Act.
The bench said, “Bescom is an agency instrumentality of the state. Even without going into the question whether Section 10 of the Indian Telegraph Act puts an embargo on the powers of the Bescom, it is obvious that when it attempts to instal transformers on the footpaths, the minimum (that) is expected is that it consults the local authority (BBMP).”
The court held that it would go into the interpretation of the provisions of both the acts only after the Bescom managing director takes a specific stand on the matter.
“As both the BBMP and Bescom are before the court, we hope and trust that the managing director of Bescom and commissioner, BBMP, will try to evolve a scheme which will permit Bescom (to) instal transformers in case of emergency on footways without compromising the safety of the pedestrians,” the court said and posted the next hearing to April 12.
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