1. Petitioner claims to be the owner and in possession of agricultural land in Sy.No.306 to an extent of Ac.0.08½ guntas, in Sy.No.307 to an extent of Ac.0.10 guntas, and in Sy.No.311 to an extent of Ac.0.23 guntas (total extent of Ac.1.01½ guntas) situated at Irkode village, Siddipet Urban Mandal, Siddipet district. Petitioner claims that he is eking out his livelihood by cultivating the above extent of land. While so, petitioner alleges that Telangana State Transmission Corporation is laying transmission lines passing through his land, adversely affecting his lands. Petitioner alleges that the transmission line was earlier drawn from different extent of land, but the alignment of transmission line is changed affecting the property of petitioner. Petitioner alleges that though he filed objections on 31.07.2018 and 01.08.2018 to both respondents and requested them to show the alignment of transmission line, they refused to show and consider his objection. Alleging inaction on the objection filed, this writ petition is filed.

2. When the matter was taken up for consideration, taking note of the fact that there was change of alignment and earlier alignment was passing through the Government land, this Court by order dated 17.08.2018 granted interim direction as prayed by petitioner and extended from time to time.

3. On 24.09.2018, Court suo motu impleaded the Principal Secretary, Panchayat Raj Department as respondent and issued notice. Pursuant to the notice issued on the Principal Secretary, Panchayat Raj Department, counter-affidavit is filed.

4. Heard learned counsel for petitioner, learned standing counsel for Transmission Corporation and the learned Government Pleader for Panchayat Raj.

5. According to the learned counsel for petitioner, there is no justification to change alignment of transmission line and when plenty of Government land is available, through which transmission lines can be laid, private land cannot be used. He would submit that in the Government land only a small extent is being utilized for construction of 25 number of houses by the Government leaving aside the total extent of land required for construction of 25 number of houses, still huge extent of land is available and the transmission lines can go through the said land.

6. He would further submit that according to Rule 3 of the Works of Licensee Rules, 2006 (for short, ‘Rules, 2006’), if objections are raised by the owners of the property and transmission lines passing through their property, unless licensee obtains permission in writing from the District Magistrate, he cannot undertake laying of transmission lines. While so, no such permission was obtained and, therefore, laying of transmission line is ex facie illegal.

7. According to respondent-Transmission Corporation, 400 KV transmission line was proposed from Sub-station at Thukurpur to Sub-station at Chandulapur for supplying power to Kaleshwaram Irrigation Project. The total length of the electricity line is 24 KMs and total number of towers to be erected is 70. The Agency appointed for that purpose conducted detailed survey, submitted its report and said report was approved by the group of engineers of Corporation. Foundation work for 64 towers was completed and 44 towers were erected and stringing of line has been taken up. According to the Transmission Corporation, tower No.8/0 was initially proposed to be erected in the Government land in Sy.No.300 of Irkodu village. However, when TS TRANSCO officials visited the field, they noticed that Panchayat Raj Department was taking up ‘two bed room houses’ for weaker sections and roof of first floor was already laid and brick work was completed. Having regard to this, the Superintending Engineer along with the technical team visited the site to shift the line, away from ‘two bed room houses’ construction. However, shifting of line would amount to passing through the State Government Industrial Training Institute and also an arch of a temple.