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SABYASACHI BHATTACHARYYA
Supartha Ghosh – Appellant
Versus
West Bengal State Electricity Transmission Company Limited – Respondent
JUDGMENT :
(Sabyasachi Bhattacharyya, J.) :
1. The writ petition, along with all connected applications, is taken up for hearing.
2. The petitioner claims that the petitioner has a mango orchard, where rare species of mangoes are grown.
3. It is submitted that due to high voltage transmission line taken by the West Bengal State Electricity Transmission Company Limited (WBSETCL), the production of such mango is being adversely affected, thereby hampering the livelihood of the petitioner and causing detriment to the mango orchard.
4. Learned counsel for the petitioner argues that the petitioner has objected at all relevant points of time in the year, 2016, when the proposal of drawing high tension transmission line over the said orchard was mooted. The petitioner, it is argued, wrote several representations, but to no effect. Although a survey was held, it is submitted that, in blatant violation of the petitioner’s right to conserve the rare mangoes grown in his orchard, the high tension line was ultimately installed. The petitioner thereafter sought for shifting of the said lines to some alternative route, to which the respondent- Authorities responded in the negative. The matter cam
The installation of high tension transmission lines over private property is governed by the Indian Telegraph Act, 1885, and the transmission licensee is obligated to do as little damage as possible ....
The court upheld the validity of the District Magistrate's order permitting the laying of a transmission line, affirming that adequate notice and opportunity were provided to affected farmers, thus a....
Statutory authorities can erect high-tension electricity towers on private land without prior consent, provided they ensure minimal damage and compensate affected parties, in adherence to public inte....
The authority of the respondent to shift transmission towers under the Electricity Act and the entitlement of aggrieved parties to compensation under the Indian Telegraph Act.
The Electricity Act and Indian Telegraph Act authorize the placement of transmission lines without prior notice, as long as procedural fairness is upheld regarding objections and compensation.
The authority's compliance with the provisions of the Indian Telegraph Act, 1885 and the sufficiency of compensation were central legal points established in the judgment.
10(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other ....
The authority under the Indian Telegraph Act has the right to lay transmission lines on private property, prioritizing public interest and following due process, including compensation for any damage....
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