PUTRAJAYA, Nov 20 (Bernama) -- Tenaga Nasional Berhad (TNB) can now proceed with the upgrading works of high-voltage cables of a 275kV transmission line in Rawang to increase electricity supply in Kuala Lumpur and the Klang Valley.

This follows the Federal Court ruling today in allowing TNB's appeal to lift an injunction order obtained by 23 villagers in Kampung Sungai Terentang, Rawang, to halt the construction of the transmission line through their village.

Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judge Datuk Seri S.Augustine Paul allowed TNB's appeal in a 2-1 majority decision, with Datuk James Foong dissenting.

Justice Paul, in his judgment, said that TNB was entitled to undertake the upgrading works of its 33kV transmission line to 275 kV under Section 13 of the Electricity Supply Act 1990 for the purpose of better or increased supply of electricity.

He said the TNB proposed work was clearly an improvement by the replacement of components and was a raising in rank of the electricity cables and therefore fell within the definition of "upgrading" as submitted by TNB.

The court then ordered TNB to pay full compensation to the villagers under the Land Acquisition Act 1960 for their losses or injury suffered.

The judgment was read out by Deputy Registar of the Federal Court Surita Budin, while Deputy Registrar Muhammad Noor Firdaus Rosli read out Justice Foong's judgment.

Foong, in his judgment, said the proposed work by TNB was not to upgrade the cables but it merely install the new cables.

The upgrading work was urgent due to the increase in demand for energy by consumers in the Klang Valley and about 200,000 consumers would indirectly benefit from the whole project which started in January, 2005, with the completion date in December 2007.

The project at the vilage was supposed to begin on July 6, 2007.

To implement the project, high voltage cables covering a distance of 60km from Bukit Tarek to Cudadak had been installed. Presently, TNB had completed the project at both ends except for a 1.5km stretch through the village.

Counsel Datuk Dr Cyrus Das, Steven Thiru and Shamsul Bahrin Manaf represented TNB, while Malik Imtiaz Sarwar and William Leong Jee Keen appeared for the villagers.

The Court of Appeal on Jan 21, 2009, ruled in favour of the villagers and granted them an injunction to stop TNB from constructing the transmission line through the village.

It allowed their appeal to reverse the Kuala Lumpur High Court's decision, delivered on Dec 7, 2007, dismissing the villagers' application for a judicial review of TNB's decision to enter the lands occupied by the residents to undertake upgrading works on its transmission lines on the lands.

The residents opposed the works because they were concerned with the danger of being exposed to high-tension cables which might cause cancer and leukaemia.

After the decision, Leong told the media that he would file for a review against today's decision.

Leong, who is also PKR member of parliament for Selayang, said he would meet Energy, Green Technology and Water Minister Datuk Seri Peter Chin Fah Kui to discuss today's outcome as it involved the villagers' safety and welfare.

Several TNB senior officials, when asked by reporters, said the project at the village had been delayed for more than two years and the total cost of the project was RM400 million and after two years the costs would increase.