2008 Supreme(Mad) 917
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
P. Balamani & Another
Versus
The District Magistrate and District Collector Coimbatore District & Another
Writ Petition Nos. 15739 of 2007 and 15740 of 2007
Decided on : 14-03-2008
For the Petitioners:A.L. Somayaji, Senior Counsel, D. Krishnakumar, Advocates.
For the Respondents:L.S.M. Hasan Fazal, Government Advocate, Aayesh Dolia, M/s. Aiyar & Dolia, Advocates.
Headnote:CONSTITUTION OF INDIA - ARTICLE 226 - Writ of Certiorari, to call for the records pertaining to the order passed by the first respondent dated 10.04.2007 in Ref. No 48188/06/C3 and to quash the order. Allegation, that the petitioners purchased the lands in the same survey number out of the total extent of 2.67 acres in 1996 - They commenced construction of Poultry shed in their lands - The petitioner have requested the Power Grid Corporation to drop the installation of power lines over their lands and alter its plan and also shift its route of transmission alignment across the petitioners lands. The petitioners have sent their objection on 15.06.06 to the respondents, aggrieved by the action of the Power Grid Corporation, the petitioners approached the court by filing W.P. No. 38812 of 2006 in which High Court passed an order dated 18.01.07 directing the petitioner to approach 1st respondent and further directed the 1st respondent to consider the objections and pass orders - The 1st respondent has passed impugned order without assigning any reason for overruling petitioner’s objections. HELD 1st respondent directed to consider objections of parties and pass orders.
These Writ Petitions have been filed by Balamani and Saraswathi respectively, challenging the proceedings of the District Magistrate and District Collector, Coimbatore, dated 10.04.2007.
2. Since the issued involved in both the writ petitions is common, they are being disposed of by this common order.
3. Petitioners case in both the petitions is as follows:
a. They own agricultural punja lands to an extent of 33. 5 acres comprised in S. No.308/1 of K. Ayyampalayam, Palladam Taluk, Coimbatore District and they do not own any other agricultural land other than the said lands. Both of them purchased the lands in the same survey number out of the total extent of 2.67 acres in the year 1996. To eke out their livelihood, they commenced construction of a poultry shed in their lands. Their husbands are retired employees of a mill and they have no independent income and their families are depending upon the aforesaid agricultural land to lead a peaceful life. The length of their lands on the southern portion is 44 metres and they are valuable lands.
b. While so, Power Grid Corporation of India Limited (for short “the Power Grid Corporation”), the second respondent had proposed to install high tension power lines through the land of one Subbayya Gounder and other persons who are the owners of the petitioners adjacent lands and it appears that they have influenced the Power Grid Corporation to drop the installation of power lines over their lands and to alter its plan and also to shift its route of transmission alignment across the petitioners lands. After knowing the action of the respondents in shifting the alignment from the original plan, the petitioners have sent their objections on 15.06.2006 to the respondents, but, there has been no response to their objections and instead, the Power Grid Corporation has tried to enter into their lands for erecting electricity lines. Aggrieved by the action of the Power Grid Corporation, the petitioners approached this Court in W.P. No.38812 of 2006 in which this Court passed an order dated 18.01.2007, directing the Power Grid Corporation to approach the District Magistrate and further directed the District Magistrate to consider the objections and pass orders in accordance with law. Accordingly, the Power Grid Corporation moved the District Magistrate for permission to carry on the work of installation of towers. But, the District Magistrate, without following the order of this Court in true spirit, has passed the impugned order on 10.04.2007 which is non-speaking in nature, contrary to the provisions of law and without assigning any reason for overruling the petitioners objections.
4. Aggrieved over the above order of the District Collector, these writ petitions have been filed on various grounds that:
i the first respondent has gone wrong in not furnishing the copy of the application made by the second respondent;
ii the first respondent has not considered the petitioners objections that the erection of towers in their land would make the entire land unusable for construction of poultry farm;
iii the alignment deviation is discriminatory and without jurisdiction; as per sub-rule 2 of Rule 3 of the Works of Licensee Rules, 2006, the first respondent has to fix the compensation or annual rent or both and without doing so, he cannot proceed and he has failed to follow the provisions of the Works of Licensee Rules, 2006 while passing the impugned order which is unsustainable; and
iv the first respondent has not considered the petitioners objections properly and shifting of alignment is an act of mala fide and arbitrary exercise of powers.
5. A counter has been filed by the District Collector, stating as follows:
(a) The petitioners had filed W.P.Nos.38812 and 38848 of 2006 to restrain the District Collector, Coimbatore, and the Power Grid Corporation of India from interfering with their possession and enjoyment of the land comprised in S.F.No.308/1 of K.Ayyampalayam Village, Palladam T