HC panel blames civic bodies, power cos, builders for violation of HT line norms

Nagpur: The court appointed panel to probe the deaths of two minors due to electrocution by high tension (HT) lines, has squarely blamed civic authorities like NMC and NIT, power utilities, including MSEDCL and its franchisee SNDL, and even state public works department (PWD), for violation of prescribed electrical norms. It also named Armors Developers’ Anand Khobragade and Chaitanya Developers’ Rajesh Motghare for constructing structures near HT lines, in complete violation of rules.
In the report submitted to the Nagpur bench of Bombay high court, the panel noted that large scale violations took place as the civic authorities weren’t vigilant. “There seems to be system failure in this regard. The local authorities will have to be held responsible to a large extent for violation of prescribed electrical clearance norms,” the report mentioned.

The members further pointed out that the electricity supply providers granted connections to violators ignoring the HT lines close to the structures, thus flouting statutory provisions of the Electricity Act, 2003, and Central Electricity Authority’s (CEA) Safety Regulations of 2010. The MERC ‘supply code’ is also silent on the aspect of abiding by mandatory electrical clearance norms by distribution licensee.

“The distribution licensee, including its franchisee, is also responsible along with the local authorities. If human lives are to be protected from imminent danger due to compromising with electrical clearances norms on account of haphazard constructions, a call needs to be taken urgently by local authorities and distribution licensee to make people strictly observe the mandate of legal constructions,” the report pointed out.

The report was submitted in response to a suo motu PIL based on TOI reports after the death of 11-year old twins Priyansh and Piyush Dhar, and five-year old Umesh Pande due to electrocution from HT wires in June last year. Shreerang Bhandarkar was appointed as amicus curiae and told to suggest names of panel members.

After inspecting 32 HT feeders covering North Nagpur, the panel found 1,288 violators, including 1,068 structures. Of them, 727 individual violators are in NMC’s jurisdiction while 561 under NIT. It pointed out that most of the structure owners near HT lines don’t have sanctioned building plans and even DCR norms are brazenly breached, due to apathy of civic bodies. It estimated that Rs758.70 lakh would be required to rectify HT lines from these 32 HT feeders.

The panel has also recommended demolition of extended civil constructions in some cases of individual violators, like those in Armors Township, with a view to make their homes safe from overhead HT lines.

“The local authorities failed to exercise adequate control to curb violations despite legal provisions of MRTP Act and DCR empowering them to make people follow the rules and regulations. However, those recommendations are made without prejudice to their rights to take appropriate actions under MRTP Act for removal of unauthorized construction detected by the committee,” the report said.

WHAT PANEL OBSERVED

* 1,288 violators identified at 32 HT feeders, having 1,068 structures

* Of them, 727 under NMC jurisdiction & 561 under NIT

* Most structures breach CEA’s safety regulations of 2010

* Armors & Chaitanya Developers constructed duplexes near HT lines

* NMC, NIT failed to curb violations under MRTP Act and DCR norms

* Demolition of extended constructions in some individual cases needed

* MSEDCL & SNDL neglected safety norm violation by builders

* Structure owners near HT lines don’t have sanctioned building plans