The precedence of public interest over private interest in the laying of transmission lines, as per the Jammu and Kashmir Electricity Act, 1997, and the limited rights of individual landowners to object to the drawing of transmission lines.

N. Paul Vasantha Kumar; CJ.:-

1. This LP Appeal is preferred against the order of the learned single Judge made in OWP No. 709 of 2007 dated 23.4.2008 wherein the appellants have prayed for issuing a writ of mandamus directing the respondents to realign the laying of high voltage electric transmission lines to safeguard the property of the appellants and align the electric lines in such a way not to jeopardize any property or human life of the inhabitants. The brief facts necessary for disposal of the LP Appeal are that the appellants' residential houses are situated in Baghi Wanpoh, Tehsil and District Kulgam, Kashmir. Appellants are the migrants from the valley. Respondents have erected pillars to lay high tension wires over and above the houses of the appellants for transmission of High Tension (Voltage) electricity. The said proposed transmission lines are directly falling over the house of the appellant No. 2 and if the proposed transmission lines were allowed to be laid, the property of the appellants will be unworthy of habitation and they will be deprived from using the property and the life of the human being inhibiting the houses will get exposed to serious risk. The property of the appellants have not been acquired nor notified for acquisition and the proposed action of the respondents will seriously prejudice their fundamental rights as well as the statutory rights. Initially Power Grid Corporation of India Limited, Northern Region-II Grid Bhawan (near Bahu Plaza), Rail Head Complex, Jammu was impleaded, however the said corporation name was deleted by order of the Court dated 31.12.2007.

2. The said writ petition was resisted by the respondents 5 to 7 stating that the issue involved in the writ petition has already been decided by the Division Bench of this Court in LPA No. 131 of 2001, Judgment dated 16.12.2004 and the issue in this case is covered by the said Judgment. It was also contended that the construction of Qazigund-Baramulla railway line is a national issue and its projection has necessitated diversion of 220 kv double circuit Kishanpore-Pampore transmission line also at various crossing points including diversion point for which alignment over partly built houses as stated by the appellants was fixed after proper survey and taking into account technical feasibility. Since power transmission line is very much essential on public interest for the benefit of the public and appellants' interest being individual, public interest will prevail. It was also stated that except one portion of the property, no construction was made and the diversion of 220 kv double circuit Kishanpore-Pampore transmission line has been aligned to pass over the land of the appellants in which partly burnt houses are located. There is no rule or provision to pay compensation on account of passing of power lines over the land of the land owner. The concerned Executive Engineer, Transmission and Maintenance Division-IV, Pampore, who has been arrayed as party respondent has communicated to the Deputy Commissioner, Kulgam through communication dated 6.10.2007 for processing the compensation assessment under Rules insofar as the partly burnt houses are concerned and the said process was under consideration. It was also stated therein that for the damages caused to the property of the appellants, compensation will be calculated and has to be paid after proper assessment. In view of the said Division Bench Judgment which was directly on the issue, learned single Judge dismissed the writ petition.

3. The contention of Mr. Virender Bhat, learned counsel for the appellants in this appeal is that the Judgment relied on by the learned Single Judge in LPA No. 131 of 2001 dated 16.12.2004 is that there was difference of opinion between the two judges of the Division Bench, due to which the matter was referred to the third Judge and the third Judge held that so long as the transmission lines are laid overhead, for implementing the sanctio