M.P.STATE ELECTRICITY BOARD v. UNION OF INDIA

ORDER (ORAL)

The appellant has filed this second appeal against concurrent judgments of two courts below decreeing the suit of the respondent for declaration, permanent and mandatory injunction. By the impugned decree of two courts below, the appellant has been restrained from erecting an electric sub station in the valley of Gwalior Fort as it was found within a radius of 100 metres of Sas Bahu temple situated at Gwalior Fort within the prohibited zone for construction in terms of notification dated 16^thJune 1992 relating to protected monuments.

The learned counsel appearing on behalf of the appellants contends that the construction of an electric sub station does not amount to civil construction and therefore its construction though falls within 100 metres of prohibited area for construction could not have been restrained. This submission has been noted only to be rejected out rightly. This appeal does not raise any question of law much less a substantial question of law. Both the courts below have concurrently found that the proposed construction of electric sub station by the appellant in the valley of Gwalior Fort falls

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