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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Manju Sharma, W/o Jagdish Sharma – Appellant
Versus
Union Of India, Through Joint Secretary (Transmission), Ministry Of Power – Respondent
| Table of Content |
|---|
| 1. petitioner's prayer for quashing approval and compensation. (Para 1) |
| 2. high-tension line installation affecting petitioner's land. (Para 2 , 6) |
| 3. petitioner's claims of arbitrary installation methods. (Para 3) |
| 4. respondents' justification of installation and compensation. (Para 4) |
| 5. court's review of arguments and case materials. (Para 5) |
| 6. court's rationale on deviation and established norms. (Para 7) |
| 7. court's view on national importance project and compensation. (Para 8) |
| 8. dismissal of the writ petition. (Para 9 , 10) |
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 petitione
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.
The court affirmed that statutory authorities can lay transmission lines without individual notifications to landowners, provided they follow the established legal framework.
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's compliance with the provisions of the Indian Telegraph Act, 1885 and the sufficiency of compensation were central legal points established in the judgment.
Compensation for land usage damages due to high tension line installation under relevant statutes must be computed by the responsible authority.
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 ....
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....
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