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2014 Supreme(Mad) 1582

HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
P. Srinivasan & Others
Versus
The Senior Engineer, Tamil Nadu Transmission Corporation Ltd. & Others
W.P. No. 10781 of 2014 & M.P. Nos. 1 & 2 of 2014
Decided on: 25-06-2014

Advocates:
Advocate Appeared
For the Petitioners:R. Munuswamy, Advocate.
For the Respondents:P.H. Aravind Pandian, Additional Advocate General Assisted by Varun Kumar, Advocate.

The court emphasized the power of the Board to lay telegraphic lines and erect poles without prior notice to landowners, while also highlighting the entitlement of landowners to receive adequate compensation for the damage caused to their crops and land.

Headnote:

Electricity Tower - Land Acquisition - Tamil Nadu Electricity Act 2003, Section 164, Section 185(2)(a), Indian Telegraphic Act 1885, Section 10, Section 16 - The court discussed the provisions of the Tamil Nadu Electricity Act 2003 and the Indian Telegraphic Act 1885, emphasizing the power of the Board to lay telegraphic lines and erect poles without prior notice to landowners. The court also considered the public welfare aspect and the entitlement of landowners to receive adequate compensation for the damage caused to their crops and land.

Fact of the Case:

The petitioners, joint owners of agricultural land, objected to the erection of a High Tension Electricity Tower Line on their land without prior notice. They argued that the respondents should use adjacent government lands instead.

Finding of the Court:

The court found that the respondents were erecting the tower in the interest of the general public and directed the petitioners to file an application for compensation. The court allowed the respondents to proceed with the project but emphasized the petitioners' entitlement to compensation.

Issues: Violation of fundamental rights, public welfare, entitlement to compensation

Ratio Decidendi: The court held that the respondents were acting in the interest of the general public and directed the petitioners to seek compensation for the damage caused to their crops and land. The court allowed the respondents to continue with the project.

Final Decision: The writ petition was disposed of, allowing the respondents to proceed with the project and directing the petitioners to file an application for compensation.

JUDGMENT

The short facts of the case are as follows:-

1. The writ petitioners are the absolute joint owners of an agricultural land, situated at Chinnavarikkam Village, Ambur Taluk, Vellore District, bearing Patta No.104, comprised in Survey No.14/1A, measuring extent of 0.07.0 hectares i.e., 0.18 acre, Survey No.14/1B, measuring extent of 1.11.0 hectares i.e., 2.74 acres and Survey No.14/2, measuring extent of 0.48.0 hectares i.e, 1.18 acres, totaling 1.66.0 hectares (4.10 acres), having acquired the same from their deceased father Pandari Chetty. The seventh petitioner, viz., Babu, S/o.Munisamy is only having right, share and interest in the well situated in the said lands as per the family arrangement. The petitioners 1 to 6 are in joint possession and enjoyment of the said agricultural lands and are cultivating the same as of now. The petitioners have been taking water from the said well for irrigation in their lands. The petitioners are agriculturists and it is the only avocation known to them to lead their life. Moreover, agriculture is the only source of income of their family. There are well grown coconut trees and they have also cultivated maize as internal in the lands, which are yielding now. Except the said lands, the petitioners do not have any other land for cultivation. While so, during the first week of March, some persons attached to the respondents Department have attempted to erect a High Tension Electricity Tower Line in their lands and they further informed them that they will draw the line across / above their lands, thereby cutting all the trees under the line. Further, the respondents are entering into their lands and erecting tower without any prior notice to them.

2. The writ petitioners additionally added that immediately they objected for erection of High Tension Electricity Tower in their lands, without any notice to them. Upon their objections, the above said employees informed them that they are carrying out the work at the instructions and instance of their higher officials, viz., the respondents herein and they were advised to approach the respondents and to get necessary relief from their agricultural lands being subjected for Erection of High Tension Electricity Tower and also from drawing High Tension Electricity lines. Thereafter, the petitioners went to the office of the third and fourth respondents to explain and ventilate their grievances and also about their poor economic status, that apart to request them to erect and draw lines in the Government lands, which are situated just adjacent to their lands, that in that event, it would not cause any loss or damage to any public. However, the respondents have failed to give them an opportunity to meet them in person and they returned with great disappointment.

3. The petitioners sent a detailed representation dated 24.03.2014 to the respondents putting forth their grievances and also requested them to stop the erection and drawing of the Tower line in their lands and also requested them to do the same in the adjacent Government lands. The petitioners categorically informed the respondents that they have not issued any notice to them before commencing the erection of High Tension Electricity Tower and Line through their lands as the drawing of line causes permanent damage to their cultivation. The respondents 1 and 4 have deliberately evaded the service of notice and postal covers were returned. However, the notice sent to the respondents 2 and 3 were received by them. Having received the notice and having come to know about their objections, the respondents have not considered their representations till date for the reasons best known to them. Further, there are sufficient Government lands available just adjacent to their lands and the respondents can very well erect the electricity tower and draw the High Tension Lines in the Government lands, without causing any trouble or damage to them and others from cultivating the lands. The petitioner


















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