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2019 Supreme(Telangana) 148

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
T. AMARNATH GOUD, J.
T. Sudhakar Reddy and Others – Appellants
Versus
The State of Telangana, Rep. by its Chief Secretary and Others – Respondents
Writ Petition Nos. 4503, 5873 of 2019
Decided On : 22-04-2019

Headnote:

Indian Telegraph Act, 1885 - Section 10 - Electricity Act, 2003 - Section 164 - Andhra Pradesh Works of Licensees Rules, 2007 - Rule 3 - Action of respondents-Telangana State Transmission Corporation in laying power transmission lines through properties of petitioners - Seeking direction to respondents to remove same - Held, Article 300-A of Constitution of India protects rights of citizens towards their properties, same cannot be taken away by respondents highhandedly - Entering into private property without proper authorization and without following due procedure, would amount to trespass - Action of respondents in trying to lay transmission lines without issuing any notice and without following due procedure, contrary to law - Petition allowed. Para 9, 10

ORDER :

1. As the legal issue involved in both the writ petitions is one and the same, they are being disposed of by this common order.

W.P. No. 4503 of 2019:

2. This writ petition is filed challenging the action of the respondents-Telangana State Transmission Corporation (TRANSCO) in laying 400 KV power transmission lines through the properties of the petitioners in various survey numbers of Potharam Village, Manoharabad Mandal and Sabashpally Village, Shivampet Mandal of Medak District. It is the case of the petitioners that first petitioner is the owner of agricultural lands admeasuring Ac. 8-16½ guntas in Sy. Nos. 258/A-AA-E, 254, 255/E, 256/A, 257, 258 and 260/AA of Potharam Village, Manoharabad Mandal, Medak District and the second petitioner is the owner of agricultural lands admeasuring Ac. 6-12½ guntas in Sy. Nos. 159, 160, 161, 162, 163, 166, 167, 169 and 180 of Sabashpally Village, Shivampet Mandal, Medak District. While they are in enjoyment of their lands, on 24.01.2019, the officials of the TRANSCO, without information to the petitioners, tried to trespass into their lands. In those circumstances, the petitioners gave a representation to respondent No. 6 on 30.01.2019, upon which, respondent No. 6 issued a letter dated 02.02.2019 informing the petitioners that TRANSCO is intending to construct 400 KV Quad Moose Double Circuit line from Ramagundam to 400 KV Narsapur Sub-Station under Telangana STPP-I Power Evacuation Scheme and the line passes through their lands. The grievance of the petitioners is that the respondents have highhandedly laid High Tension lines through their lands without consent and notice and also without following due process of law and hence, the petitioners seek a direction to the respondents to remove the same.

3. Respondent Nos. 3 to 6 filed their counter stating that a 400 KV line was proposed for evacuation of power from NTPC Super Thermal Power Plant (STPP) Stage-I Ramagundam Generating sub-station, for the purpose of providing uninterrupted power supply to the farmers as per the policy of the State Government and also to provide power to the surrounding districts. The power shall also be utilized for Kaleswaram Lift Irrigation Project. The scheme has also been published in the Telangana Gazette No. 16, dated 20.04.2017, along with other schemes. They stated that they are empowered under Section 164 of the Electricity Act, 2003 (for short, the Act of 2003) to confer upon any licensee or on any other person engaged in the business of supplying electricity under the Act of 2002 to place electric lines or electric plant for transmission of electricity and also empower the said persons to exercise powers under Section 10 of the Indian Telegraph Act, 1884 (for short, the Act of 1885) with respect to Telegraph lines and posts. Accordingly, they erected the lines by following the due process of law and sought to dismiss the writ petition. W.P. No. 5873 of 2019. This writ petition is filed challenging the action of the respondents in laying electrical lines through the properties of the petitioners in various survey numbers of Hydernagar Village, Balanagar Mandal, Ranga Reddy District. It is the case of the petitioners that they are owners of various open plots in Sy. No. 148 to 155 and 156/1 of Hydernagar Village, Balanagar Mandal, Ranga Reddy District. While they are in enjoyment of their respective plots, the third respondent, on 16.03.2019, tried to lay electrical lines through their properties without any notice, consent and payment of compensation. The grievance of the petitioners is that the respondents are highhandedly trying to lay electrical lines through their lands without consent and notice and also against due process of law. Though no separate counter affidavit is filed by the respondents in this writ petition, however, this matter being connected with W.P. No. 4503 of 2019 and since the stand of the respondents is clear by the averments in the counter affidavit filed in W.P. No. 4503




















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