The petitioners herein claim to be the owners and possessors of different extents of land situated in Rayanapadu village, Vijayawada Rural Mandal and Guntupalli village, Ibrahimpatnam Mandal of Krishna District.

This writ petition is filed seeking a declaration that the action of the respondents in proposing to erect poles and lay two Nos. 400 KV double circuit lines through the lands of the petitioners as arbitrary, illegal and in violation of the provisions of the Electricity Act, 2003.

It is pleaded by the petitioners that originally a 400 KV line under Vijayawada Power Transmission Scheme was sought to be laid in the property belonging to the Railways. However, subsequently, the proposal was changed and the respondents wanted to form the line through the lands belonging to certain ryots. Since the said ryots brought influence from various levels, the stream of line was again changed and now the respondents intended to form the lines through the lands belonging to the petitioners. Pursuant thereto, on 16-01-2009, the officials of the respondents came to the land of the petitioners and put up flags stating that the work would be started in fourth week of January, 2009. It is alleged by the petitioners that the officials of the respondents entered into their lands without obtaining the consent of the petitioners and without following the process known to law. Though the petitioners raised protest, ignoring the same the respondents proceeded further to erect the poles in the lands belonging to the petitioners.

Hence, this writ petition assailing the action of the respondents contenting inter alia that the respondents are bound to initiate appropriate proceedings for acquisition of the lands or the consent of the owners ought to have been obtained by private negotiations before entering into their property. While alleging that no scheme is framed and published as required under the law before proceeding to lay the electric lines in question, it is contended that the impugned action is liable to be declared as arbitrary and illegal on that ground also.

In the counter-affidavit filed by the 1st respondent it is stated that the Government issued G.O.Ms.No.115, dated 07-10-2003 authorizing the A.P. Transco to place the electricity lines for the transmission of the electricity or for the purpose of telephonic or telegraphic communications under the provisions of the Indian Telegraph Act, 1885. In view of the said powers conferred on the Transmission Corporation, a notification was issued and the same was published in the A.P. Gazette dated 17-07-2007 notifying the transmission scheme for two Nos.400 KV double circuit lines for loop-in and loop-out of Nunna-Srisailam / Narasaraopet, 400 KV double circuit lines to VTPS(Stage-IV). The Transco also envisaged the erection of 400 KV LILO of 400 KV Srisailam-Nunna DC Line to VTPS-IV stage at Vijayawada to evacuate 500 MV power generated from VTPS-IV stage.

This is essential to strengthen the 400 KV network to improve and stabilize the voltage profile of the power system network. It is further stated that laying of the electric lines is with a view to augment the power supply and the total cost of the project is Rs.19 Crores and if the line is not laid before 1st March, the department would be suffering a loss of Rs.12 Crores per day as the VTPS would be producing 500 MW power and the same has to be evacuated by March, 2009. So far as the title claimed by the petitioners in respect of the lands in question and the allegation that the respondents have illegally entered into possession of their land, it is stated that the respondents have followed the procedure contemplated under the provisions of the Electricity Act, 2003 and a Gazette notification was issued on 17-07-2007. Since no objections were received pursuant to the said Gazette notification, the Transco decided to proceed ahead with the scheme. Though the plea that initially it was intended by the respondents to lay the li