High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
R. Kannan
Versus
Power Grid Corporation (India) Limited, rep.by its General Manager & Others
Writ Petition No.33812 of 2007
Decided on : 04-04-2008
Eminent Domain - Power Transmission Line - Indian Telegraph Act, 1885, Indian Electricity Act, 2003 - The judgment discusses the legal provisions and interpretations of the Indian Telegraph Act, 1885, and the Indian Electricity Act, 2003, in the context of a dispute over the construction of a power transmission line. The court emphasizes the public purpose and the authority's right of eminent domain over individual interests, ultimately dismissing the writ petition.
Fact of the Case:
The petitioner sought to quash an order permitting the construction of a power transmission line on their land. The petitioner claimed that the order was arbitrary and illegal, and that their objections were not considered. The court had previously directed the District Magistrate to consider the objections and pass orders in accordance with the law.
Finding of the Court:
The court found that the District Collector had considered the objections and afforded the petitioner an opportunity to be heard. The court emphasized the public purpose of the project and the authority's right of eminent domain over individual interests. The court dismissed the writ petition, stating that the project was time-bound and any further delay or alteration in route alignment would cause heavy loss to the government exchequer.
Issues: The main issues revolved around the consideration of objections, the opportunity for the petitioner to be heard, and the public purpose of the project.
Ratio Decidendi: The court emphasized the authority's right of eminent domain and the public purpose of the project, ultimately dismissing the writ petition.
Final Decision: The court dismissed the writ petition, stating that the project was time-bound and any further delay or alteration in route alignment would cause heavy loss to the government exchequer.
This Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to Rc.30232/2007/M1, dated 110. 2007, passed by the third respondent received by the petitioner on 110. 2007, quash the same and consequently direct the third respondent to pass fresh order after considering the alternative alignment proposal submitted through the expert by the petitioner.
2. According to the petitioner, the property situate at Ninnakarai Village, Kattangulathur, Kancheepuram District, comprised in Survey Nos.362 and 363 measuring an extent of 13.67 acres belongs to him and his younger brother, by virtue of a registered will executed by their father. While so, the second respondent has attempted to interfere with the peaceful possession by putting up towers for the purpose of high tension overhead lines in the said property. The petitioner has filed written objection before the second respondent but without passing any orders, the second respondent again attempted to proceed with the digging work in the property. Therefore, the petitioner approached this Court by way of filing Writ Petition No.47813 of 2006 for issuance of a writ of mandamus, forbearing the respondents 1 and 2 from putting up towers and this Court, by an order, dated 18.01.2007, in a batch of writ petitions, passed the following order: "The Power Grid Corporation shall, as early as it deems fit, approach the District Magistrate concerned in each case for permission to deal with the objections raised by the petitioners in each case and the said District Magistrate shall consider the objections and pass orders in accordance with the provisions which have been extracted above. This project involves huge expenditure and therefore, we cannot permit any avoidable delay. The petitioners cannot think that by avoiding any notice or summons from the District Magistrate, they can indefinitely delay the matter. Immediately on receipt of the request by the Corporation for permission, the District Magistrate shall issue notice to the respective objectors and after hearing their objections, shall pass orders in accordance with law, within a period of six weeks from the date on which the Corporation makes a request for permission to the District Magistrate."
3. Pursuant to the said order, the third respondent issued a notice to the petitioner to attend the enquiry on 19.02.2007, but, due to health problem, the petitioner was not able to attend the enquiry and, therefore, on 23.02.2007, a detailed representation was submitted through messenger with a specific request to afford an opportunity of personal hearing before passing any final order, but the third respondent, by an order dated 23.05.2007, without affording any opportunity of being heard in person and overruling the objections, permitted the second respondent to carry out the work as per Section 16 (1) and (2) of the Indian Telegraph Act,1835. Aggrieved over the said order, the petitioner again filed W.P.No.21147 of 2007, whereupon this Court, on 21.06.2007, directed the third respondent to afford an opportunity of being heard to the petitioner. In pursuance of the said direction, the third respondent has passed the order, dated 110. 2007, against which this Writ Petition has been filed.
4. Respondents 1 and 2/Corporation have filed a counter affidavit, stating as follows:
(a) It is the Central Transmission Utility under the Ministry of Power and has been entrusted with the construction of Sriperambudur to Kalivanthapattu 400 KV D/C Power Transmission Line comprising 94 Towers with a length of 30.673 kms. at a total cost of Rs.588.25 crores; the scheme is duly approved by Government of India to provide quality power at large with greater reliability particularly to the agricultural/residential/commercial establishments for the State of Tamil Nadu in general and South Chennai in particular and will be a big boost to the industrial and agricultural growth in the State
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