IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J.
Eswari - Appellant
Versus
The State Of Tamil Nadu - Respondent
W.P.Nos.2233, 2673, 3202 and 4084 of 2025 & W.M.P.Nos.3006, 3009, 3552 and 4588 of 2025
Decided on : 17-03-2025
ORDER :
These four Writ Petitions are connected and as such are disposed of by this common order.
A. The Writ Petitions:
2. W.P. Nos. 2673 and 4084 of 2025 challenge the orders of the District Collector, Tiruppur District, dated 31.12.2024, which granted permission to M/s T.P. Vardhaman Surya Limited (hereafter referred to as 'TPVSL’) to enter the survey fields mentioned therein and erect transmission towers, in accordance with Section 16 (1) of the Indian Telegraph Act, 1885 . This permission is conditional upon their payment of compensation for damages and adherence to the Indian Electricity Rules, 1956, regarding the distance to be maintained from homes, wells, etc. They are also required to ascertain joint ownership in the case of joint patta, disburse compensation accordingly, and follow the necessary rules and directives outlined in the Government Orders related to this matter, making compensation payments promptly before commencing the erection of towers.
2.1. W.P.No.3202 of 2025 is filed to challenge the publications made by the 4 respondent in the Writ Petition, namely, Tata Power Renewable Energy th Limited (hereinafter referred to as ‘TPREL’) dated 10.06.2024, as well as the authorization granted by the 2 respondent, namely, the Central Electricity nd Authority, Ministry of Power, Government of India, to the 4 respondent –TPREL under Section 164 of the Electricity Act, published in the Gazette of India dated 22.10.2024. The petitioner seeks to quash these actions and to issue fresh paper publications/notifications regarding the aforementioned projects, including detailed descriptions of the affected lands and provisions for hearing objections from affected landowners by a competent third-party authority.
2.2. W.P.No.2233 of 2025 is filed with a request to implement the order of the 2 respondent, namely, the Revenue Divisional Officer of Karur, dated 20.12.2024. In this order, the 2nd respondent has directed an inquiry into the objections submitted by the petitioner and to provide a detailed report to the Revenue Divisional Officer, Karur, concerning the entry into the petitioner’s land for the installation of high tension electricity transmission lines.
B. Brief Facts:
3. The factual background in which these Writ Petitions arise is that TPREL planned to establish a 198 MW Wind Power Generating Station in Karur District, Tamil Nadu. TPREL submitted an application for the grant of connectivity for the aforementioned 198 MW at the Karur Pooling Station in Tamil Nadu. On 13.10.2023, TPREL requested the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) for in-principle approval to register the locations of wind energy generators.
3.1. On 29.11.2023, TPREL once again sent a letter to TANGEDCO, stating that the project will be located in the Tiruppur and Karur Districts. To evacuate power from its wind farms, TPREL proposed establishing a 230/33 KV pooling substation and a 230/33KV power line with connectivity at the 400/230 KV PGCIL substation. Subsequently, the special purpose vehicle formed by TPREL and its parent company, TATA Steel Limited, under the name M/s. TPVSL, received in-principle approval for 55 locations on 14.12.2023.
3.2. On 15 May 2024, the Central Transmission Utility of India Limited granted the final connectivity order to TPREL for 198 megawatt at Karur, with the connectivity commencing on 1 June 2023. Subsequently, on 16 April 2024, TPREL submitted an application on the National Single Window System Portal seeking prior approval from the Ministry of Power, Government of India, under Section 68 of the Electricity Act, for the installation of the dedicated overhead transmission lines included in the transmission system to provide connectivity for its project. The dedicated overhead transmission line, measuring 17.75 kilometers in length, was to be erected from the 230/33 KV generation pooling station of TPREL located in Senapathi Palayam Village, Kangeyam Taluk, Tiruppur District, to the Kar
K.S. Natarajan and Others vs. Government of India and Others
Power Grid Corporation of India Ltd. Vs. Century Textiles & Industries Ltd.
The court emphasized adherence to procedural requirements for public notifications in infrastructure projects, balancing private property rights with statutory powers under the Indian Telegraph and E....
The court affirmed the legality of the procedures for erecting transmission towers and highlighted public interest in electricity provision over private landowner objections.
The court upheld the validity of the District Magistrate's order permitting the laying of a transmission line, affirming that adequate notice and opportunity were provided to affected farmers, thus a....
The statutory framework permits the installation of power transmission lines on private land despite objections, with the authority required primarily to consider compensation rather than block the p....
The court upheld the authority of the licensee to lay transmission lines under public interest, dismissing the petitioner's objections as untimely and unfounded.
The authority under the Indian Telegraph Act has the right to lay transmission lines on private property, prioritizing public interest and following due process, including compensation for any damage....
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.