HIGH COURT OF JUDICATURE AT MADRAS
V. DHANAPALAN & G. CHOCKALINGAM, JJ.
T. Bhuvaneswari – Appellant
Versus
District Collector-cum-District Magistrate, Erode District & Others – Respondents
W.A. No. 1015 of 2014 & M.P. Nos. 1 & 2 of 2014
Decided On : 01-04-2015
Electricity Act, 2003 - Section 164 - Indian Telegraph Act, 1885 - Section 10 - Constitution of India, 1950 - Article 300-A - Original schedule of transmission lines - High Tension Electricity line - Quash of impugned proceedings – Appellant writ petitioner is owner of lands in Survey measuring an extent of at Erode District - She has purchased property under two sale deeds bearing Registration respectively on file of Sub-Registrar - Lands are used for cultivation and they about to Erode State Highways - It is further case of appellant that she has three sons and one daughter and therefore she has decided to construct residential houses for them - Her elder son is engaged in cultivation of - There are trees and remaining have been earmarked to construct a dwelling house for her sons - It is the case of appellant that officials of second respondent inspected her lands without any intimation - Subsequently she came to know that original schedule of transmission lines were not passing through her lands - According to her due to objections raised by adjacent landowners second respondent has changed alignment and present proposal of erecting tower and passage of Electricity Line over lands are intended by second respondent – Held, It is further stated that with regard to order of assessing any possibility of deviation in my assessment possibility of any deviation is possible only to a slight adjustment about towards western side which meters space as mentioned in sketch furnished by Technical Expert-Superintending Engineer - According to report of Advocate Commissioner only to a slight adjustment about towards Western side is possible - But it was wrongly mentioned as Western side As per objection of counsel for appellant it is Eastern side - Hence even Advocate Commissioner after spot inspection alone with assistance of technical expert came to a conclusion that if there is any deviation is possible it is only about towards Western side - So towards Eastern side alone deviation is possible and that was also objected by counsel for respondents stating that Superintending Engineer General Construction Circle Coimbatore has filed a report wherein he has stated that proposed alignment between tower generally in order leaving sufficient clearance for Residential buildings nearby line from could not be carried out in straight line avoiding angle point tower at following reasons - Line will run over residential house on western side of Erode-Karuk State highways - Conductor will run at a distance of Residential house on eastern side of Erode-Karuk State highways - House B marked in sketch enclosed - As per Section 60(1)of Central Electricity Authority Regulations an overhead line shall not cross over an existing building as far as possible and a minimum horizontal clearance of has to be maintained - Dense Coconut grooves are seen between tower alternate route requested by the Petitioner - Length of line between tower - absolutely required - Single Judge after considering all powers conferred under Indian Telegraphic Act, 1885 has passed order dismissing writ petition - Hence court are of considered view that there is no illegality or infirmity in order passed by Single Judge same does not warrant any interference by this Court - Writ Appeal is dismissed
G. Chockalingam, J.
1. Being aggrieved by the dismissal of the writ petition in W.P.No.18548 of 2013, by an order dated 29.11.2013, the writ petitioner has preferred this appeal.
2. Brief facts of the appellant/writ petitioner are as follows:-
(i) The appellant/writ petitioner is the owner of the lands in Survey Nos.275/4, 278/3, 278/8 and 278/9 measuring an extent of 2.08 acres at Solakalipalayam, Chenna Samudram Village, Kodumudi Taluk, Erode District. She has purchased the property under two sale deeds dated 23.01.1982 and 20.06.1988, bearing Registration Nos.41/1982 and 308/1988 respectively, on the file of the Sub-Registrar, Kodumudi. The lands are used for cultivation and they abut the Karur to Erode State Highways. It is the further case of the appellant that she has three sons and one daughter and therefore, she has decided to construct residential houses for them. Her elder son is engaged in cultivation of 1.60 acres. There are 150 coconut trees and the remaining 40 cents have been earmarked to construct a dwelling house for her sons. It is the case of the appellant that on 20.09.2012, the officials of the second respondent inspected her lands without any intimation. Subsequently, she came to know that the original schedule of transmission lines were not passing through her lands. According to her, due to the objections raised by adjacent landowners, the second respondent has changed the alignment and the present proposal of erecting the tower and passage of HT Electricity Line over the lands are intended by the second respondent.
(ii) It is the further case of the appellant that the total width of her land is 184 feet and the proposed HT Electricity Line would pass through the middle of the land, by which, 70% of the land utility would be lost. According to the appellant, if the same is taken through the eastern side of the land by shifting 80 feets, she will be in a position to minimize the damage caused by transmitting the High Tension Electricity line. Therefore, she sent a representation dated 24.09.2012 to the third respondent / Chief Engineer, for shifting of HT Electricity Lines on the eastern side of the appellant's land. The said representation was not considered and therefore, she has sent another representation dated 08.10.2012 to the first respondent / District Collector-cum-District Magistrate. According to the appellant, in the meantime, the officials of the 2nd and 3rd respondents proceeded to erect HT Electricity Line. Hence, she has filed a petition in W.P.No.28337 of 2012 praying for a mandamus forbearing the respondents from in any manner erecting or installing High Tension Electricity Line, 765 Kilo Volt DC Line, over her lands in Survey Nos.275/4, 278/3, 278/8 and 278/9 at Solakalipalayam, Chenna Samudram Village, Kodumudi Taluk, Erode District.
(iii) The further case of the appellant is that this Court, by an order dated 18.10.2012, has disposed of the said W.P.No.28337 of 2012 directing the respondents 2 and 3 to refer the matter to the first respondent to consider the objections of the appellant and to pass appropriate orders. Pursuant to the same, the first respondent / District Collector-cum-District Magistrate sent a notice directing the appellant to appear and in response to the same, the appellant submitted her detailed written objection and written arguments on 25.02.2013 and 11.03.2013 respectively. The first respondent, without considering the objections in proper perspective, vide impugned proceedings in Na.Ka.No.354/2013/k4, dated 13.06.2013, has rejected her request. Aggrieved by the decision of the first respondent passing the impugned proceedings, the appellant filed a writ petition in W.P.No.18548 of 2013 before this Court praying to quash the impugned proceedings of the first respondent made in Na.Ka.No.354/2013/k4, dated 13.06.2013 and to forbear the respondents 2 and 3 from in any manner, erecting or installing High Tension Electricity Line 765 Kilo Volt DC Line, over her
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.