The Electricity Act and Indian Telegraph Act authorize the placement of transmission lines without prior notice, as long as procedural fairness is upheld regarding objections and compensation.

1. By this petition, the petitioners have challenged the judgment and order dated 13.5.2011 passed by the District Magistrate, Nagpur in Case No.9 / MRC11/200910 thereby granting permission to respondent No.1 to continue with the work of the electricity transmission line from Koradi to Wardha Power Grid, which passes through the land of the petitioner. In doing so, the petitioners have also challenged the entire action of respondent No.1 in laying the transmission line as being arbitrary and violative of principles of natural justice. The petitioners have also challenged the validity of S.164 of the Electricity Act, 2003 (hereinafter referred to as " EA , 2003" for the sake of convenience), the Govt. Resolution dated 24.8.2006, first proviso to R.3(1) and R.3(4) of the Works of Licenses Rules, 2006 (hereinafter referred to as "Rules, 2006" for the sake of convenience) framed under the , 2003 as according to the petitioners these provisions violate their fundamental rights guaranteed under Art.14, Art.19 and Art.21 and also their constitutional right to property arising from Art.300A of the Constitution of India.

2. The petitioners are the owners of the land bearing Gat / Survey No.110, admeasuring 5.79 Hectares situated at Mouza Metaumri, Tq. Hingna, District Nagpur, wherein the petitioners have a stone crusher unit and a hot mix plant.

3. The respondent No.1 is a company registered under the provisions of the Companies Act and is owned by the State of Maharashtra. It is a state transmission utility and also a licensee as declared under S.38 and S.14 of the EA , 2003.

4. There is a power generation unit set up under an explanation project at Koradi Thermal Power Station. The electricity generated at the said unit is required to be evacuated and transmitted across the State by constructing and establishing the power transmission line. Therefore, the respondent No.1 formulated a scheme for transmission of power by constructing and establishing 400 KV Koradi II to Wardha Power Grid Double circuit transmission line. This scheme has been approved by the State of Maharashtra. Under the scheme, the transmission line passes through various locations including the land belonging to the petitioners. One of the towers being tower No.34/5 is planned to be erected on the land of the petitioners for the said purpose. One notice dated 12.3.2010 in respect of the proposed tower was issued to the petitioners. The petitioners by reply dated 17.3.2010 took an objection over the proposed erection of the tower on the ground that the situation of the tower was such as to divide land of the petitioners into two halves rendering it useless for carrying on their activities relating to stone quarrying. Therefore, it was suggested by the petitioners that the location of the proposed tower be shifted to the corner of the land so that the transmission line could along the boundary of the land or "pandhan". This way, the petitioners submit, the purpose of the respondent No.1 would be served and at the same time least damage and inconvenience would be caused to the petitioners.

5. The respondent No.1, however, did not give any reply to the said suggestion of the petitioners, rather it went ahead with implementation of the project of laying of transmission line. It is stated that as there was obstruction to this work from the petitioners, a police report was also filed. As it appears that the implementation of the scheme could not proceed smoothly because of the obstructi