APHC010069062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Thursday, the twelfth day of February two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.3914 of 2026 Between:

Angeri Chinna Surya Nageswara Reddy ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner:

1. Talari Rajeswari Counsel for the respondents:

1. Venkat Challa

2. G.P. for Revenue The Court made the following:

ORDER

This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in proceeding with erection of 765 KV D/C transmission line and power poles through the petitioner’s private residential house plots situated in Survey Nos.506-1, 507-1, 507-2, 507-3, and 507-4 of Nandipadu village, Kolimigundla Mandal, Nandyal District, without consent and without payment of just, fair and lawful compensation, as illegal, arbitrary, unconstitutional and violative of Article 300-A of the Constitution of India and consequently direct the respondent No.2 – District Collector and respondent No.5 to consider and dispose of the petitioner’s representation by fixing and paying amount of compensation in accordance with law and pass such other order as are necessary in the facts and circumstances of the case.

2. The case of the petitioner is briefly as follows:

a. The petitioner is the absolute owner and possessor of the above mentioned plots. The petitioner got his land converted into residential plots. So, they have high market value and saleability. The respondent No.3 issued a notice, dated 16.12.2025 purportedly under Sections 68 and 164 of the Electricity Act, 2003, (in short ‘the Act, 2003’) in respect of the proposed erection of 765 KV D/C transmission line and power poles through the petitioner’s land. Without obtaining the consent from the petitioner and without determining lawful amount of compensation, the respondents unlawfully entered into the petitioner’s land and commenced the construction activity. Their action is illegal. The respondents orally stated that they would pay only 30% of the value of the land as compensation. The petitioner rejected the proposal as the site has high value due to conversion into residential house plots and not an agricultural land. The Act, 2003 and the Indian Telegraph Act, 1885 (in short ‘the Act, 1885’) do not prescribe a specific multiplier for determination of compensation. The amount of compensation payable for erection of extra high-tension transmission lines in private lands is required to be determined by applying the principles of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In rural areas, the application of the said principles, including market value and statutory solatium, effectively works out to not less than three times the value as per the guidelines. Therefore, offer to pay 30% of the value of the land is very meagre and is therefore, arbitrary and illegal. When high tension transmission lines run across the residential plots, its value gets diminished permanently though the owner of the land is not physically dispossessed and therefore, such action of the respondents amounts to unreasonable deprivation of the right of the petitioner for higher amount of compensation.

b. The petitioner submitted a representation, dated 04.02.2026, to the respondent No.2 / District Collector, Nandyal district, bringing to his notice the illegal and arbitrary action of the respondents and requesting him to immediately stop erection of the power poles and transmission lines in the property of the petitioner and ensure payment of just, fair and lawful amount of compensation. However, the representation has not been considered or disposed of till date. But, the respondents are proceeding with the construction activity with undue haste compelling the petitioner to approach this Court by filing thi