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2015 Supreme(Mad) 3561

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. Subbiah, J.
S.A. Hakim - Appellant
Vs.
The District Collector, Dindigul District and Ors. - Respondents
W.P. (MD) Nos. 11993, 11994, 12338, 12360 to 12368, 12376, 12493 to 12504, 12681 to 12692, 13099 to 13104, 13139 to 13144, 13348, 13752 of 2015 and M.P. (MD) Nos. 1 and 2/2015 in W.P. (MD) 11993 and 11994/2015 M.P. (MD) No. 1 of 2015 in W.P.(MD) 13348 of 2015
Decided On : 18-11-2015

Advocates:
Advocate Appeared:
For the Appellant : M. Ajmal Khan, Senior Counsel for Ajmal Associates
For the Respondents:M. Murugan, Govt. Advocate

Headnote:

Indian Electricity Act, 1910 - Section 12(2)- Constitution of India,1950 - Articles 14 & 300A - Indian Electricity Act, 2003 - Sections 39 and 40 - Works of Licensees Rules, 2006 - Rule 3(1)(a) - Deemed Transmission Licensee - Electric transmission lines - Petitioners that they have planted mango trees coconut trees gooseberry trees and other trees in their respective lands by investing huge sum of money and that yielding from said agricultural lands is only source of income for them - Now trees are fully grown and right for harvest - While so during July subordinates of respondent/Board entered into properties of petitioners and attempted to cut down trees - When the petitioners enquired with officials of Board they were informed that respondents are going to erect electric transmission towers in lands of petitioners in proposed route - Held, Respondent can approach second respondent if there is an obstruction or resistance - It is not necessary that in each and every case respondent will have to approach second respondent whenever there is an objection - Word objection has got a different connotation that words resistance or obstruction - A resistance or obstruction would mean preventing the statutory body from carrying out public duty - Whereas an objection is merely a form of protest - Further under Section 16 of Indian Telegraph Act respondent has got no power to go into merits of case and find out as to whether alignment proposed is correct or not and there is any possibility of realignment - Writ Petitions are dismissed.

ORDER :

R. Subbiah, J.

1. All these writ petitions have been filed by the petitioners/land owners against the proposal of the Electricity Board/TANGEDCO to place the electricity line/towers for transmission of electricity in the route namely Alagarkoil-Natham-Sembatty. The writ petitioners herein are owning lands in different villages and survey numbers, in the route, in which the proposed work of placing of electricity line/towers for the transmission of electricity has been undertaken by the Electricity Board/TANGEDCO (hereinafter in short 'Board').

2. It is the contention of the petitioners that they have planted mango trees, coconut trees, gooseberry trees and other trees in their respective lands by investing huge sum of money and that yielding from the said agricultural lands is the only source of income for them. Now, the trees are fully grown and right for harvest. While so, during July-2015, the subordinates of the 2nd respondent/Board entered into the properties of the petitioners and attempted to cut down the trees. When the petitioners enquired with the officials of the Board, they were informed that the respondents are going to erect electric transmission towers in the lands of the petitioners, in the proposed route namely Alagarkoil-Natham-Sembatty. Though the petitioners objected for the same, the officials of the Board, along with police force, forcibly removed the petitioners from their land and till date they are not allowed to enter into their lands. All the writ petitioners are facing the same problem with same difficulty. Further, the petitioners were informed by the Officials of the Board that the Board had issued a notification in the Dinamani Daily, on 27.02.2015 about the project and therefore, the petitioners have no right over their property and that the Board has all powers to cut down all the trees and erect electric towers.

3. It is specific case of the petitioners that obtaining prior consent from the owners of the land before laying any electric tower or line is mandatory under Section 12(2) of the Indian Electricity Act, 1910 (hereinafter referred to as "1910 Act"). In the absence of any such written consent being obtained from the owner of the property, the 2nd respondent has no power to enter into any private land to construct or erect any electric transmission tower or line through such property. Hence, the action of the Board is in violation of the constitutional right of the petitioners viz., right to property, as the work is being done by the Official respondents without issuing any notice to the petitioners. It is further case of the petitioners that the property right of every citizen has been granted under Article 300Aof the Constitution of India, which provides that no person shall be deprived of his right of property save by authority of law. The action of the Board in erecting electricity line/towers in the lands of the petitioners is in violation of Articles 14 & 300A of the Constitution of India. Hence, the petitioners have filed the present writ petitions seeking for a direction from this Court forbearing the respondents/Board from in any way constructing high tension electric transmission towers and laying high electric transmission lines through the petitioners' lands.

4. Pending the writ petitions, by order dated 14.07.2015 this Court has granted interim stay of the impugned proceedings.

5. On appearance, the 2nd respondent viz., the Superintending Engineer, General Construction Circle, Tamil Nadu Electricity Transmission Corporation Ltd., has filed a petition to vacate interim stay, inter alia, stating that Tamil Nadu Electricity Transmission Corporation Limited is a 'State Transmission Utility' under the Ministry of Power, entrusted with statutory power to establish inter-State Transmission System spread across the State. The Company is a deemed Transmission Licensee in the capacity of State Transmission Utility as envisaged under Sections 39 and 40 of Indian Electricity Act, 2003





















































































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