( 1 ) THE petitioner who are ten in number seek a declaration that the action of the respondents in erecting high tension transmission lines (H. T. Lines) in their land at Narigapalle Village, Chittoor District is illegal and contrary to law. They also seek a consequential injunction against the respondents not to lay electric transmission lines on their land.

( 2 ) THE facts are in a narrow compass, the petitioners allege that they own mango and coconut gardens in various extents of land in Narigapalle village. The mango trees are 20 to 30 years old. When the respondents commenced the work of raising transmission lines, they approached the third respondent whereupon by letter dated 28-4-2001 they were informed that respondents 1 and 2 are constructing transmission towers. Alleging that before taking such action, notice was neither published nor given to the petitioners, they filed the present writ petition. This Court on 20-12-2001, while ordering notice before admission, directed the respondents not to cause any damage to the petitioners agricultural property including mango crop while laying the electric poles.

( 3 ) AFTER receiving notices, respondents 1 and 2 have come forward with an application being WMP No. 259 of 2002 praying this Court to vacate the interim orders. At the request of the learned Counsel for the petitioners and respondents 1 and 2 the writ petition itself is heard finally and being disposed of at this stage.

( 4 ) THE averments in the counter affidavit accompanying the WVMP may be noticed in brief. The first respondent herein namely, Power Grid Corporation of India ltd. , is a fully-owned Government of India company registered under the Companies act, 1956. The Corporation is now engaged in the construction of Talcher-II transmission system. The scheme involves evacuation and 2003 (5) ALD Sept. 1th transmission of power from Talcher-II generation system to the southern States of andhra Pradesh Tamil Nadu, Karnataka and kerala at a cost of Rs. 3,574. 78 crores. The transmission system (400 KVA transmission lines) makes its way through Kolar in karnataka. Chittoor in Andhra Pradesh. Vellore and Chengalilpat in Tamil Nadu. In chittoor District, four transmission towers of the Corporation at a height of 31 meters also are to be laid in Narigapalle village, especially in the petitioners lands with which we are concerned. The Corporation states that the scheme contemplated under sections 28 and 29 of the Electricity (Supply) act, 1948 ( electricity Act for brevity) was published in the A. P. Gazette No. 184, dated 8-12-1997 calling upon all the persons interested to make representations in respect of Talcher-II transmission system. The corporation also published a notification in eenadu on 21-11-1997, but none of the villagers, much less any of the petitioners, made any representation. It is further stated that the Corporation also sent notices by registered Post on 20-11 -2001 informing the petitioners of the intention of the corporation to carry out the work of erection of towers in their lands. They were also informed that if any damage is caused to the crops or the trees in their lands, adequate compensation would be paid. The petitioners did not make any representation nor objected thereto. It is also stated that by reason of the interim order dated 20-12-2001, the work has been stopped though the foundation work for the towers in the alignment has substantially been completed. The Corporation also justified their action placing reliance on the provisions of Section 18-A read with Section 42 (1) and (2) of the Electricity Act.

( 5 ) I have heard the learned Counsel for the petitioners, Mr. S. V. Muni Reddy and mr. Ramesh Ranganathan, Additional advocate-General for the Corporation. The learned Counsel for the petitioners submits that being the small farmers, it would be difficult for the petitioners to raise the mango crop again due to drought conditions prevailing in Narigapalle. He a