No prior notice required for erecting transmission lines under Electricity Act; compensation is the only remedy for property owners.

ORDER:

The Writ Petitioners, claiming to be the owners and possessors of land to an extent of Ac.1.67 cents situated in survey No.149-2D4 and Ac.2.28 cents in survey No.149- 2D3, respectively, both situated in Podaralla village, Bukkarayasamudram mandal, Anantapur district (hereinafter referred to, as „the subject properties‟), filed the present Writ Petition seeking to declare the action of respondents in trying to erect high power transmission tower in the subject properties without acquisition and without following due process of law, as illegal and arbitrary, and consequently direct the respondents not to interfere in any manner with their possession in respect of the said properties.

2. A perusal of the affidavit filed in support of the Writ Petition goes to show that mother of the petitioners was the original owner of the subject properties and other properties, and after her death, the petitioners got the respective subject properties in the registered partition effected on 30.01.2025, and have been in possession and enjoyment of their respective properties. 6^th respondent, which is a subsidiary of Resonia Limited, was awarded the works for development of Inter-State Transmission Scheme „Transmission System for Integration of Anantapur-II REZ- Phase-I‟ through Tariff Based Competitive Bidding, and the transmission system will be used for evacuation of green power from Anantapur REZ and for supplying reliable green power between the States of Andhra Pradesh and Karnataka. The petitioners came to know that one such transmission tower is proposed to be laid in the subject properties belonging to the petitioners in survey No.149- 2D3 and 2D4 of Podaralla village.

It is the further case of petitioners that on 1.11.2025, 4th respondent released details for proposed fixation of tower base compensation for erection of transmission towers by Anantapur II REZ Transmission Limited wherein survey No.148 of Podaralla village was mentioned for tower base compensation for erection of transmission tower, whereas the respondents are taking steps to high-handedly erect the tower in the subject properties situated in survey No.149.

3. It is further stated in the writ affidavit that 5^th respondent, vide endorsement dated 06.11.2025, gave information under the RtI Act, 2005 to the petitioners that the approved tower schedule with LoC No.AP38 and Tower Code C (15-22)-00 with farmer name Hussain and survey No.149 in Podaralla village. 2nd respondent replied to the application made by petitioners under RtI Act, 2005 that there is no information available in their office regarding the information sought by the petitioners.

It is further stated that foundation of the said high power transmission pole is about 70 x 70 square feet and the overhanging conductor wires which are raised above the said base would be approximately to a width of 240 feet and the pole is to a height of 240 feet; that the adjacent site of petitioners‟ land is a fast developing township and erecting such transmission pole would endanger lives of people around the said area.

It is the grievance of the petitioners that before erecting such a tower in their land, neither any notice was issued to them nor any survey is conducted; that if the said tower is erected, entire remaining land of petitioners becomes useless; that the respondents have no such power to act in such arbitrary manner; that the lands of petitioners are situated adjacent to National Highway, and they had already lost Ac.1.00 c