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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, J.B. PARDIWALA, JJ.
Gujarat State Energy Transmission Corporation Limited – Appellant
Versus
Ratilal Maganji Brahmbhatt (Barot) – Respondent
Letters Patent Appeal No. 534 of 2020, Special Civil Application No. 20373 of 2019
Decided On : 06-11-2020
Indian Telegraph Act, 1885 - Section 16 – Electricity Act, 2003 - . Section 164 and Section 2 (20), 68 - Agricultural land - Market value of land - Electric line - Exercise of powers of Telegraph Authority in certain cases - Overhead lines Overhead lines - Disputes between telegraph authority and local authority - Distribution of electricity, it is the view of this Court that, the Legislature has not provided for any notice or hearing to the public at large, or to the land owners - Therefore, when the appropriate Government authorises a person or any body under the Electricity Act, to exercise powers of Telegraph Authority, all the powers under the Indian Telegraph Act, 1885, are meant to be exercised.
Facts of the case: Original applicant is owner and occupier of agricultural land - It appears that appellant herein, i.e. the Gujarat State Energy Transmission Corporation Ltd. proposes to erect electric pole at Location on land of writ applicant for the route of electricity line as a part of the project titled as 400KV C/C Wanakbori-Soja Line (AP 80 to Soja Gantry) - Writ applicant has a serious objection against erection of such electric pole by Corporation in his agricultural land - According to writ applicant, part of land on which Corporation proposes to erect the pole would diminish market value of land in terms of money - It is case of writ applicant that Corporation should change alignment, i.e. the route and erect the poles in the Government waste land or Gauchar land easily available –
Findings of the court: As there is a statutory obligation cast upon the authority to ensure that minimal damage is caused, his client, as an affected person, has a right to ask the authority to shift the alignment or the route. In our opinion, the interpretation put forward by Mr. Dholariya of the expression “do little damage to property” is not tenable in law - By virtue of same, Mr. Dholaria cannot contend that as the value of the land may get diminished, the authority should change the alignment and reallocate the route - Expression “do little damage to property” in our opinion, should be construed as to ensure that while laying the pole at the place allocated, minimal damage is caused at the time of erection - It is always open for the writ applicant to raise dispute with respect to the sufficiency of compensation under Section 16(4) of the Telegraph Act before the District Judge in accordance with law.
Result: Appeal allowed.
Key Points: - The Gujarat State Energy Transmission Corporation Ltd. is authorized to exercise the powers of a Telegraph Authority under the Indian Telegraph Act, 1885, by virtue of Section 164 of the Electricity Act, 2003 (!) (!) . - When powers under Section 164 of the Electricity Act are conferred, the licensee is not required to obtain the prior consent of the landowner to erect electric poles or transmission lines (!) (!) (!) . - The expression "do little damage to property" under Section 10(d) of the Indian Telegraph Act refers to minimizing damage during the actual erection of poles, not to the shifting of the route or alignment (!) (!) (!) . - The District Magistrate has no power to adjudicate on the merits of the proposed alignment or to order a change in the route of a transmission line (!) (!) (!) . - The District Magistrate's role under Section 16(1) of the Indian Telegraph Act is limited to granting permission to the licensee to exercise their statutory powers when there is resistance or obstruction (!) (!) (!) . - Landowners are not entitled to a hearing or notice before the route of an electric line is fixed, as the decision is based on technical and economic considerations (!) (!) (!) . - The erection of towers and lines does not constitute land acquisition, but rather a right of user, and the landowner's remedy for diminished property value is to seek compensation (!) (!) (!) . - Disputes regarding the sufficiency of compensation must be raised before the District Judge under Section 16(4) of the Indian Telegraph Act (!) (!) (!) . - The court held that public interest in providing electricity takes precedence over the private interest of an individual landowner (!) (!) (!) . - The appeal was allowed, the interim status-quo order was quashed, and the writ application was rejected (!) .
JUDGMENT :
J.B. PARDIWALA, J.
1. In the peculiar facts and circumstances of the case and with the consent of the learned counsel appearing for the parties, we have decided to take up the main matter itself, i.e. the Special Civil Application No. 20373 of 2019 for hearing.
2. This appeal under Clause 15 of the Letters Patent is at the instance of the original respondent No. 2-Gujarat State Energy Transmission Corporation Ltd. and is directed against an interim order passed by a learned Single Judge of this Court dated 28th August, 2020 in the Special Civil Application No. 20373 of 2019, by which, the learned Single Judge ordered that the status-quo, earlier granted, shall continue.
3. The facts giving rise to this appeal may be summarized as under:
3.2 The writ applicant has a serious objection against erection of such electric pole by the Corporation in his agricultural land. According to the writ applicant, the part of the land on which the Corporation proposes to erect the pole would diminish the market value of the land in terms of money.
3.3 It is the case of the writ applicant that the Corporation should change the alignment, i.e. the route and erect the poles in the Government waste land or Gauchar land easily available.
3.4 It is his case that various objections were raised by all those affected persons before the District Magistrate, Gandhi Nagar under the provisions of Section 16 of the Indian Telegraph Act, 1885. However, the District Magistrate, by the impugned order dated 12.02.2019 overruled those objections and permitted the Corporation to proceed with the erection of the poles.
3.5 The writ applicant, being dissatisfied with the impugned order passed by the District Magistrate came before this Court by filing the Special Civil Application No. 20373 of 2019.
3.6 It appears that notice was ordered to be issued to the other side and the learned Single Judge also directed that status-quo be maintained.
3.7 The Corporation has come up with the present appeal against the interim order passed by the learned Single Judge dated 28th August, 2020 redressing the grievance that the order of status-quo passed by the learned Single Judge has stalled the entire public project. The Corporation wants this Court to vacate the interim order of status-quo and permit the project to go ahead.
Submissions on behalf of the appellant:-
4. Mr. S.P. Hasurkar, the learned counsel appearing for the Corporation vehemently submitted that the learned Single Judge ought not to have passed an order of status-quo thereby putting the entire public project in peril. Mr. Hasurkar pointed out that the objections raised by the affected persons including the writ applicant have been duly considered by the District Magistrate, Gandhi Nagar and, ultimately, the objections were held to be not sustainable in law.
5. Mr. Hasurkar would submit that the request of the writ applicant to change the route or alignment is not tenable in law. According to Mr. Hasurkar, the writ applicant has no legal right to say that the poles should not be erected in his agricultural farm and should be erected at some other place.
6. Mr. Hasurkar also submitted that the allegations levelled by the writ applicant of favoritism are baseless and without any foundation for the same.
7. In such circumstances, referred to above, Mr. Hasurkar prays that there being merit in his appeal, the same may be allowed and the main matter, i.e. the Special Civil Application No. 20373 of 2019 be
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