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NUPUR BHATI
Aruna Agarwal W/o Hariram Agarwal – Appellant
Versus
Union of India through Secretary, Ministry of Power, Government of India, Shram Shakti Bhawan, Rafi Marg, New Delhi – Respondent
ORDER :
Nupur Bhati, J.
1. Learned senior counsel appearing for the respondent No.2 and 3 sought time to file reply, however, learned counsel for the petitioner showed urgency in the matter after which learned senior counsel submitted that he is ready to argue the matter withoutfiling the reply. Thus, though the matter was listed in the ‘Fresh’ category, upon the joint request of both the counsel, the matter was heard finally on 25.11.2024 and the order was reserved.
2. The instant writ petition has been filed under Article 226 and 227 of the Constitution of India, 1950, challenging the notice dated 04.09.2024 (Annex.2) (‘the impugned notice’) issued by the M/s Beawar Transmission Limited (‘BTL’), whereby the respondent No.2-BTL has requested the petitioner to provide her consent for the construction of Tower for 765 K.V. D/C Beawar Transmission Line, which is to pass through the land of the petitioner, and also to inform that compensation for the use of the land will be provided in accordance with the provisions of Indian Electricity Act, 2003 and Indian Telegraph Act, 1885.
3. The instant writ petition has been filed with the following prayer:
The court upheld the authority of the licensee to lay transmission lines under public interest, dismissing the petitioner's objections as untimely and unfounded.
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....
The court affirmed the legality of the procedures for erecting transmission towers and highlighted public interest in electricity provision over private landowner objections.
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 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....
Section 164 of Electricity Act, 2003, no land owner or person interested can seek for shifting or realigning of the route, on the premise that the District Collector-cum-District Magistrate, has powe....
Section 10(d) there are two mandatory requirements; (1) Telegraph Authority shall do as little damage as possible; and (2) to pay full compensation to all persons interested for the damage sustained ....
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.
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