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2011 Supreme(Mad) 2765
High Court of Judicature at Madras
V. DHANAPALAN
Vindhyachal Builders Pvt. Ltd Rep, Chennai
Versus
M/s. Power Grid Corporation of India Ltd Rep by its Managing Director Kancheepuram District & Another
Writ Petition No.12151, 12152, 12153, 12154 of 2011 & M.P.No.1 of 2011
Decided on : 15-06-2011
For the Petitioner:Mr. A.R. Karunakaran, Advocate.
For the Respondents:Mr. Jayesh B. Dolia, Advocate.
The main legal point established in the judgment is the obligation of the telegraph authority to refer the matter to the District Magistrate and the District Magistrate's discretion to permit the exercise of powers in case of resistance or obstruction, as provided in Section 16(1) of the Indian Telegraph Act, 1885.
Headnote:
Indian Telegraph Act - High Tension Transmission Lines - 13 of 1885, Electricity Act 2003 - [Indian Telegraph Act, High Tension Transmission Lines] - [13 of 1885, Electricity Act 2003] - The court discussed the provisions of the Indian Telegraph Act, 1885, particularly Section 16, which empowers the District Magistrate to permit the telegraph authority to exercise powers in case of resistance or obstruction. The court emphasized the public interest in establishing an efficient power transmission system network and the necessity to cater to the power requirements of all southern states. The court highlighted the obligation of the respondents to refer the matter to the District Magistrate and directed the District Magistrate to consider objections and pass appropriate orders within a specified period.
Fact of the Case:
The petitioner filed a Writ Petition seeking to restrain the respondents from interfering with the petitioner's land and to direct the laying of high tension transmission lines through the originally proposed route. The respondents, a government enterprise, were constructing the transmission lines to evacuate power from a fast breeder reactor, and the petitioner objected to the proposed route through his land.
Finding of the Court:
The court found that the project was in the public interest and necessary to augment power supply to the southern state of Tamil Nadu. The court emphasized the obligation of the respondents to refer the matter to the District Magistrate and directed the District Magistrate to consider objections and pass appropriate orders within a specified period.
Issues: The main issue was whether the respondents were obligated to consider objections and refer the matter to the District Magistrate in the context of establishing high tension transmission lines for public interest.
Ratio Decidendi: The court held that the respondents were bound to refer the matter to the District Magistrate as per Section 16(1) of the Indian Telegraph Act, and directed the District Magistrate to consider objections and pass appropriate orders within a specified period.
Final Decision: The Writ Petition was disposed with directions for the District Magistrate to consider objections and pass appropriate orders within a specified period, and parties were directed to maintain status quo until the District Magistrate's orders.
1. Though Miscellaneous Petition is listed today, by consent of the learned counsel on either side, this writ petition is taken up for final disposal.
2. Heard Mr.A.R. Karunakaran, learned counsel appearing for the petitioner and Mr. Jayesh B. Dolia, learned counsel appearing for the respondents 1 and 2.
3. This Writ Petition has been filed, praying for the issuance of Writ of Mandamus, to forbear the respondents from interfering with the petitioner's right in the lands in Survey No.56/5 in Paiyanoor Village, Chingelpet Taluk, Kancheepuram District and also for a consequential direction to the respondents to lay the 230 kv high tension transmission lines from Kalpakkam to Sirucheri through the originally proposed route.
4. It is the claim of the petitioner that he owns the land in Survey No.56/5 in Paiyanur Village, Chengelput Taluk which was purchased by way of a sale deed dated 08.12.2007, registered as Document No.11387 of 2007 in the Sub-Registrar's Office at Thiruporur. As there was a decision to put up high tension transmission line from Kalpakkam to Sirucheri, on coming to know the, same the local bodies of the area immediately passed a resolution objecting to the erection of high tension transmission lines and several farmers from the neighbouring villages also challenged the act of the respondents before this court inasmuch as a large portion of the land was attempted to be excavated without the concern of the crops and trees lying thereon. No prior intimation was given to the petitioner, who was also ignorant of the route proposed to be adopted by the respondents. An undated notice bearing No.040 was sent on 21.04.2011 under the Indian Telegraph Act (13 of 1885) by the 1st respondent to the petitioner without giving any details of the lands in which the 1st respondent attempted to enter the land in order to erect its transmission masts. Therefore, the petitioner raised objection not to install the high tension transmission line through his land.
4.1. According to the petitioner, 230 KV transmission lines proposed to be laid is on the western side of the Bay of Bengal and runs parallel to Buckingham Canal. The said proposal to be carried out now is through the petitioner's land which cannot be given effect. He raised several grounds in respect of his claim and therefore, prayed for issuance of a direction to forbear the respondents from erecting the transmission line in his land.
5. On 18.5.2011, this Court, while admitting the Writ Petition, ordered notice and not granted any interim relief in favour of the petitioner.
6. The respondents have filed counter affidavit, wherein, it is stated as follows:
Power Grid Corporation of India Ltd ( A Govt. of India Enterprise & 'Central Transmission Utility' under the aegis of Ministry of Power) is a Corporation of National importance incorporated as a "Government Company" under the provisions of companies Act, 1956, by Government of India with a view to develop an efficient power transmission system network throughout the country and to establish the National Power Grid in the country. They are governed by the Indian Telegraph Act, 1885 and the Electricity Act 2003. All the transmission lines decided to erect was in the public interest after following the procedure contemplated in law.
6.1. The respondents entrusted with the task of construction of 230 KV double circuit transmission lines from Kalpakkam to Siruseri which is a part of transmission system associated with Kalpakkam Proto Type Fast Breeder Reactor under the approval of Government of India, Ministry of Power vide proceedings vide letter bearing Ref. 11/16/2003-PG dated 18.03.2005. The approval was accorded on the basis of walk over survey conducted on 01.03.2005. The said transmission lines are being constructed to evacuate power proposed to be generated from Kalpakkam Proto Type Fast Breeder Reactor and about 17.5 Mts. on either side of the alignment line, between two towers is the electrical safety zone whe
