Deviation in installation of high-tension transmission lines can be justified if adhering to established guidelines, and affected parties can seek compensation under legal provisions.

JUDGMENT :

SUNIL BENIWAL, J.

1. This writ petition has been filed by the petitioner with the following prayer :-

“It is, therefore, most respectfully prayed on behalf of the petitioner that the writ petition may kindly be allowed and by an appropriate writ of mandamus, order or direction:-

a. To quash and set aside the approval under Section 164 of the Indian Electricity Act (Anx.5) dated 04.08.2025 given by Respondent No.1;

b. to pass necessary directions against the Respondents, forbearing the Respondent Company from erecting any high-tension electric tower, transmission lines, foundation for the tower or any such incidental activity on the petitioner’s land;

c. in alternate direct the respondents to pay compensation to the petitioner under relevant laws and guidelines including telegraph act, 1885, Guidelines dated 14.06.2024 and Supplementary Guidelines dated 21.03.2025 issued by the Ministry of Power;

d. Any such other and further reliefs be granted as this Hon’ble Court may deem fit and proper.”

2. The facts, in nutshell, as narrated in the present writ petition, are that a high-tension line is in process of installation between Beawar and Mandsaur with approximate length of 273.37 kms. The high-tension line as indicated above is passing through the land owned by the petitioner falling in Khasra Nos.1453/957, 961/1 and 962/1 situated in Village Agarpura, Tehsil and District Bhilwara. The installation of one of the tower, more particularly Tower No.94/0 so also the high-tension line, which would be passing through the field of the present petitioner, is questioned in the present writ petition.

3. While arguing the writ petition, learned Senior counsel appearing on behalf of the petitioner made the following submissions :-

(i) the respondents are proposing to install tower as well as high-tension line in a totally arbitrary and discriminatory manner while applying arbitrary parameters deciding the distance between two towers.

(ii) the respondent - Corporation has deviated the route of the transmission line, which has resulted in direct damage to the petitioner, as the high-tension line would be passing through the land owned by the petitioner, which would damage maximum portion of the land owned by the petitioner without there being any justification to deviate the line. While elaborating this submission it was submitted that as a routine, transmission lines are always installed in a straight line and on account of deviation, the line has been rerouted and is now proposed to pass over the land belonging to the petitioner.

(iii) there is a Standard Operating Procedure (‘SOP’) to be adopted while installing tower as well as high-tension line, however, in complete violation of the SOP, the Corporation has proceeded in high handed manner and are bent upon to install the tower and also lay down the high-tension line.

(iv) the distance between two towers on either side of the National Highway is not equidistant. On the one side, the tower is at a distance of 83 mtrs., however, on the other side, it is about 114 mtrs. It was submitted that if the tower which is proposed to be installed on the land belonging to the petitioner is also installed at an equidistant of 83 mtrs., it shall cause minimal loss to the present petitioner.

3.1 After filing of the writ petition, an additional affidavit was also filed, wherein a google map has been annexed along with the conversion orders, so as to indicate that the petitio