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2018 Supreme(Mad) 4240

IN THE HIGH COURT OF MADRAS, MADURAI BENCH
V. Parthiban, J.
K.S. Natarajan and Ors. - Appellants
Vs.
The Government of India and Ors. - Respondents
W.P. (MD) No. 15040 of 2018, W.M.P. (MD) Nos. 13591, 13592 and 15621 of 2018
Decided On : 17-09-2018

Advocates Appeared:
For the Appellant : T. Lajapathi Roy
For the Respondents: I. Irulappan

Headnote:

Indian Telegraph Act, 1885 - Certain arrangements were made for the implementation of Power Transmission - Market value - Petitioners are owning agricultural lands in various survey numbers in the said Village, as indicated in the affidavit filed in support of the writ petition. According to the petitioners, on behalf of the fourth respondent-Power Grid Corporation, certain arrangements were made for the implementation of Power Transmission Project, through the agricultural lands situated in and around the petitioners Village and to draw high tension electric wires across the petitioners agricultural lands - Grievance of the petitioners is that once the High Tension Towers are erected, the entire agricultural lands would be affected from its agricultural activities and would also lose its market value substantially. According to the petitioners, their families are completely depending upon the agricultural income derived from the lands and such erection of High Tension Towers over their agricultural lands by the fourth respondent would be in negation of their constitutional right to property - Any consideration by the official concerned and the grievance of the citizens would render the decision making process meaningless and nugatory. What is to be expected from the second respondent is to consider the objections raised by the petitioners independently, without being guided by the deliberation, which took place outside the realm of consideration. That would alone be in fulfillment of the statutory responsibility cast on the Authority concerned. This is become more imperative, when the land owners are being deprived of the full land value and would suffer curtailment of rights in substantial measure while dealing with their own lands, once erection of high voltage transmission wires takes place. In such view of the matter, the least that could be done in the matter by the second respondent is to give an opportunity of personal hearing to the petitioners before passing any orders. In this case, the second respondent appears to have not considered the objections of the petitioners in all earnestness, however, chosen to dispose of the objections with little application of mind - Petition is allowed.

ORDER :

V. Parthiban, J.

1. The petitioners are the residents of Thennilai East and Munnur Village, Aravakurichi Taluk, Karur District. They are owning agricultural lands in various survey numbers in the said Village, as indicated in the affidavit filed in support of the writ petition. According to the petitioners, in January, 2018, on behalf of the fourth respondent-Power Grid Corporation, certain arrangements were made for the implementation of Power Transmission Project i.e. Pugalur HVDC Station to Thiruvalam 400 KV Quad D/C Line, through the agricultural lands situated in and around the petitioners' Village and to draw high tension electric wires across the petitioners' agricultural lands.

2. The grievance of the petitioners is that once the High Tension Towers are erected, the entire agricultural lands would be affected from its agricultural activities and would also lose its market value substantially. According to the petitioners, their families are completely depending upon the agricultural income derived from the lands and such erection of High Tension Towers over their agricultural lands by the fourth respondent would be in negation of their constitutional right to property.

3. Once the High Tension Towers is erected, the Authority would impose stringent conditions by restricting agricultural activities, construction, water wells, beneath the High Tension Towers/Tower Lines. Such conditions would curtail the petitioners' enjoyment of the agricultural lands peacefully.

4. In order to carry out erection of High Tension Towers, the officials of the fourth respondent-Power Grid Corporation entered into the petitioners' lands and started measuring the same. On knowing about the intention of the fourth respondent, the petitioners made a representation to the Authority concerned and in response to the representation, peace committee meetings were conducted by the third respondent, on 20.02.2018, 17.04.2018 and 19.05.2018, in which the Farmers Association had participated. According to the petitioners, the peace committee meetings were conducted only in terms of the Criminal Procedure Code.

5. While matter stood thus, on 22.05.2018, the second respondent passed an order, under the provisions of the Indian Telegraph Act, 1885 (hereinafter, referred to as "the Act"), granting permission to the fourth respondent-Power Grid Corporation to enter into the petitioners' lands. The said order is being challenged in this writ petition.

6. According to the learned counsel appearing for the petitioners, the petitioners would be satisfied, if the matter is remitted back to the second respondent for fresh consideration, for the reason that the second respondent has not passed a speaking order and he has been merely guided by the decision taken in the peace committee meeting, which cannot be treated as a decision at all.

7. The learned counsel appearing for the petitioners would submit that no doubt, the Authority has power under the Act to seek permission from the District Collector/District Magistrate, but such a power cannot be unilaterally exercised, without considering the legitimate objections of the farmers, whose lands were proposed to be used for erection of High Tension Towers and in support of his contention, the learned counsel for the petitioners would draw the attention of this Court to Section 17 of the Act, which reads as follows:

"17. Removal or alteration of telegraph line or post, on property other than that of a local authority.-(1) When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, an any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form,


















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