The judgment established the authority of the respondents to erect transmission poles for public welfare under the relevant provisions of the Electricity Act 2003 and Indian Telegraphic Act, while also recognizing the landowner's right to seek compensation for damage caused to crops and land.

The short facts of the case are as follows:-

1. The petitioner is the owner of the land in S.No.909/3A-24.5 acres and S.No.925-1-43.5 hectares at Pasumathur Revenue Village, Katpadi Taluk, Vellore District. These properties hereditarily belong to the petitioner and presently under the enjoyment of the petitioner. The petitioner further submits that the first respondent herein served a notice dated 05.01.2014 through the second respondent to him without particulars. It was also assured that they would conduct a meeting along with him and other farmers regarding this issue. Bus evasively, the second and third respondents had attempted to erect transmission pole in his land. The petitioner further submits that he objected for erection of transmission pole without acquiring the land or obtaining permission from him. But still the respondents are taking efforts to install transmission pole in his land and hence, the above writ petition has been filed.

2. The fourth respondent has filed a counter statement stating that by virtue of the provisions contained in Section 164 and Section 185(2)(a) of the Electricity Act 2003, the Board shall have the powers of the Telegraphic Authority under the Telegraphic Act, 1885 (Central Act XIII of 1885) with regard to laying of the telegraphic lines and erecting poles. As such the Board, the transmission licensee, is not bound to give prior notices to the land owners before drawing overhead lines or erecting towers for transmission of electricity. He further submits that the Scheme was approved vide B.P.No.8, dated 04.02.2013 and published in both Tamil and English in Indian Express and Dinamani dated 27.03.2013 for wide publicity. He further submits that before the scheme is sanctioned by the Full Board, TANTRANSCO (TNEB) have scrutinized the data collected during the survey regarding environmental considerations, road crossing and river crossing and the inhabitants. Further, while conducting the surveys mentioned above, special cares were taken to avoid routing the transmission lines through reserve or protected forests, villages, bulk storage oil tank, oil pipeline, airports, cluster of hamlets to avoid or to minimize the damages.

3. The fourth respondent further submits that any notice need not be given to land owner before laying extra high tension (EHT) line on their land. The line could not be deviated due to technical feasibility, the work is carried out as per the approved route, and as per the Rules. He further submits that the TANTRANSCO (TNEB) is now facing much more problems to provide the electricity power supply to the public due to the scarcity of electric power and the demand raising day to day development activities. Considering the present scarcity of Electric Power Supply and future development activities, the TANTRANSCO (TNEB) has planned to establish the new 400 KV sub stations along with the associated lines. Out of which, one of the 400 KV EHT line of Dharmapuri 400 KV sub station to Thiruvalam 400 KV sub station is being erected by the TANTRANSCO (TNEB).

4. The fourth respondent further submits that the new 400 KV line of Dharmapuri to Thiruvalam 400 KV sub station is very much essential to transmit the electric power from Northern states of India to Tamilnadu and also wind power from Southern region of Tamilnadu. So, this line is very much essentially required to facilitate the uninterrupted electric power supply to the public. He further submits that the TANTRANSCO (TNEB) has proposed to erect the EHT lines most probable in agricultural lands because the TANTRANSCO (TNEB) is not acquiring any lands but for making only use of it for laying tower foundation and drawing the line over the lands as per Section 164 of the Tamil Nadu Electricity Act 2003, the exercise of power of Telegraph authority in certain cases. He further submits that the compensation will be paid for actual damages caused during the execution of work according to the provision of Act for crops