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P/004/2018 - Smt. K.K Rajalakshmi,, Kollam
The appellant had filed an appeal petition in P/356/2013, being aggrieved at the inaction of KSEB to shift the 11 KV electric line passing through her property to the road side, situated under Electrical Section, Alakode, in Kannur District. She alleges that the said electric line was drawn long ago through her property without obtaining her consent. She owns about 10 cents of land and due to the Line passing above; she finds difficulty to construct a house in her property underneath the said Line. Though the appellant had approached the KSEB for shifting the 11 KV line, they had prepared an estimate amounting to Rs.87,698/‐ and demanded the appellant to remit the same. She is aggrieved by the huge sum demanded by KSEB for the work and sent complaints to higher authorities and since no proper action was taken on the same, she has filed petition before the CGRF, Kozhikode vide Petition No. OP No. 42/2012‐13 and the CGRF has disposed it by order dated 27-12-2012 by disallowing the request for exempting payment of shifting charge, but directed the respondent to revise the estimate excluding the cost of damaged poles. Still aggrieved by the said order, the Appellant has filed the Appeal Petition, before this Authority. This Authority set aside the order of CGRF/North vide order dated 06-02-2014 and issued guidelines for the shifting with a direction to the respondent to prepare estimate as per guideline and issue to the appellant. Accordingly the respondent prepared an estimate for Rs. 27,123/- and intimated the appellant. But the appellant again approached Hon’ble KSERC seeking exemption from paying the deposit work amount, the Hon’ble Commission directed the respondent to give a copy of the detailed estimate to the appellant and further grievance, if any, advised to move to CGRF/North. The respondent acted as directed by the Hon’ble Commission. The appellant approached Hon’ble Kerala Lok Ayukta seeking free of cost shifting of the line and the Authority ordered to remove the line free of cost in its order dated 23-09-2015. Against the order of Hon’ble Lok Ayukta, the respondent filed petition before Hon’ble High Court of Kerala and the Hon’ble Court set aside the order of Hon’ble Kerala Lok Ayukta in order dated 02-02-2017. Afterwards the appellant filed petition in CGRF/North on 24-10-2017 on the strength of the direction of Hon’ble KSERC. The CGRF in its order dated 18-12-2017, directed the respondent to shift the 11 kV line passing through the properties of the petitioner and her two neighbours to the road after remitting deposit work amount by the beneficiaries. The appellant has filed appeal petition before Electricity Ombudsman on 17-01-2018 against the above. In view of the above discussions, the respondent is directed to prepare a fresh estimate for labour charges for the shifting of the line as proposed by the respondent within 2 weeks from the date of receipt of this order and communicated along with a notice to all the concerned including the appellant, after obtaining necessary applications for shifting the line from the other beneficiaries also. It is also directed to complete the work without any further delay from the date on which the appellant and other beneficiaries remit the proportionate amount as per revised estimate. The appellant’s request to refund Rs.1000/- remitted by her towards application fee is not admitted. Having concluded and decided as above, it is ordered accordingly. The CGRF order No. 94/2017-18 dated 18-12-2017 is modified to this extent. No order on costs.

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Created 2018-05-09 06:08:44

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