The court affirmed that under Section 164 of the Electricity Act, the GTTPL is authorized to lay transmission lines without landowner consent, prioritizing public interest in electricity supply over individual property rights.

JUDGMENT: (Per M. S. KARNIK)

1. Rule rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.

2. The petitioner, invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India prays for a declaration that the Respondent no. 6 i.e. M/s. Goa Tamnar Transmission Project Limited (GTTPL for short) shall be entitled to carry out the work of establishment of a Transmission system for "Additional 400 KV feed to the State of Goa and Additional system for power evacuation from generation projects pooled at Raigarh (Tamnar) pool strictly along the existing 220 KV corridor line in Goa State after establishing 400 KV corridor connectivity between Mapusa and Sangod and 220 KV line between Sangod and Xeldem as per the directions contained in the Order dated 07.04.2022 passed by the Hon'ble Supreme Court. Further, a declaration is sought that the present work carried out by the GTTPL is contrary to the Order dated 07.04.2022 of the Hon'ble Supreme Court, recommendations of Central Empowered Committee (CEC) and in the absence of approved alignment lines is per se illegal, null and void and unlawful. A further declaration is sought that the GTTPL has no right and is not entitled to enter into any part of the Petitioners’ properties at Amona Village other than the existing 220 KV corridor and a further declaration that they are not entitled to carry out any activity in or interfere with the Petitioners’ properties other than along the existing 220 KV corridor. The petitioners have prayed for other consequential reliefs.

3. Before we advert to the petitioners’ case, it would be proitable to right away refer to the observations of the Hon’ble Supreme Court in T. N. Godavarman hirumulpad v/s. Union of India and Ors. - Writ Petition(s) (Civil) No.202/1995 dated 07.04.2022 having a material bearing on the controversy, which reads thus:-

“The GTTPL is a transmission licensee selected through a tarif based competitive bidding (TBCB) process to establish Transmission system for a "Additional 400 Kv feed to the State of Goa and Additional System for power evacuation from generation projects pooled at Raigarh (Tamnar) Pool on Build, Own, Operate and Maintain (Boom) basis" (‘Project’ for short).

One of the key transmission elements forming part of the Project is the loop-in loop-out (LILO) of one circuit of the Narendra (Existing) Narendra (New) 400 Kv D/C quad line at Xeldem (NN Line for short). The NN Line passes through the States of Karnataka and Goa.

The Project connects the southern region (Sangod/Xeldem) with the Northern Goa region (Mapusa) through the NN Line.

By report No.6 of 2021, the CEC has made certain observations and recommendations relating to the Goa Tamnar Transmission project for laying of electric lines under the transmission scheme. CEC was of the opinion that the project proposed by the GTTPL would be detrimental to the fragile ecosystem of the Western Ghats.

CEC has examined the permission granted by the Standing Committee of National Board for wildlife granting approval for the Project. CEC was of the view that instead of clearing canopy of virgin forest cover along 10.50 km long corridor with 46 m ROW in Goa State, the proposed 400 Kv line should be drawn along the existing 220 Kv corridor line in Goa State after establishing 400 Kv corridor connectivity between Mapusa and Sangod and 220 Kv line between Sangod and Xeldem. According to CEC, this course of action would ensure adequate supply of power to southern Goa region 100 MW of power now being received from ramagundam through 220 Kv line is temporarily disrupted during the construction phase of 400 Kv line between Narendra and Sangod.

CEC further recommended that the project proposal in respect of Karnataka part should also be suitably amended so as to make use of 110/220 Kv line corridor which will ensure that the commitment given by Power Grid and CEA to the Karnataka Government that no further