Prior consent from landowners is not required for the erection of electricity transmission lines, emphasizing public interest over individual property rights.

C.A.V. Order

1. The Petitioner is the owner of 8.73 acres of agricultural land in Village Korbi, Tehsil Baloda, District Janjgir-Champa (C.G.), on which respondent Nos. 2 to 5 (CSPTCL) have illegally dug 16 large pits and begun construction of transmission towers without prior notice, consent, or compliance with the mandatory conditions of theApproval Order dated 11/03/2024 issued by the State Government. Through this writ petition, the petitioner seeks the following reliefs : -

“10.1 May direct to, respondent No. 2 to 5 (CSPTCL) that construction work in land of petitioner may be immediately stopped due to illegal construction for erection of transmission tower on the land of the petitioner mentioned in Annexure P-16, because granted permission by CG State Government vide order dated 11/03/2024 (Annexure P-1) has become infructuous and nullified due to non-compliance of its mentioned (Annexure P-1) condition by Respondent No. 2 to 5 (CSPTCL), and prayer is also that direction may be given to Respondent No. 2 to 5 (CSPTCL) to restore the actual position of land of Petitioner

10.2) May consider that there is no effect of the order Annexure P-10 and P- 13 for both dated 22/01/2025 issued in absence of Petitioner and without knowledge of Petitioner, by Respondent no 6 (Sub Divisional Officer, Revenue) which has been issued ex-parte and in hurry, to legalize the illegal work of Respondent No. 2 to 5 (CSPTCL) retrospectively

10.3) May consider that the work of construction of transmission tower and transmission lines done by Respondent No. 2 to 5 (CSPTCL), on the petitioner's land is the illegal and unauthorized work

10.4) May direct the Respondent No. 2 to 5 (CSPTCL) to remove all erected structures and restore the land to its original condition

10.5) May direct the Respondent No. 2 to 5 (CSPTCL) to pay exemplary damages to Petitioner for causing mental harassment to Petitioner for illegal action of Respondent no. 2 to 5 (CSPTCL) without authority and done without knowledge and without intimation to the Petitioner

10.6) May direct Respondent No. 2 to 5 (CSPTCL) that no further work may be carried out in any of Petitioner's land, detail of which is given in Annexure P-16.

10.7) May direct the Respondent No. 2 to 5 (CSPTCL) to bear the cost of the present litigation, including court fees and legal expenses incurred by the Petitioner, as the illegal and unauthorized actions of the Respondents have compelled the Petitioner to approach this Hon'ble Court for justice.

10.8) May grant any other relief as deemed fit in the interest of justice.”

2. The brief facts of the case are that the petitioner, a 94-year-old citizen of India and an agriculturist by profession, is the lawful owner of 8.73 acres of agricultural land located in Village Korbi, Patwari Halka No. 012 (presently Halka No. 00008), Tehsil Baloda, District Janjgir-Champa, Chhattisgarh, comprising Khasra Nos. 705/7, 730/5, and 658/8 admeasuring 1.3100 hectare, 1.0740 hectare and 1.1490 hectare respectively (collectively referred to as the "land of the petitioner"). Approximately 4.86 acres (55.7%) of this land, (referred to as the "affected land area") has been illegally encroached upon and disturbed by respondent Nos. 2 to 5 (CSPTCL), who, without notice, consent, or adherence to the binding conditions of the Approval Order dated 11/03/2024 of the State Government (Annexure P-1), initiated the construction of transmission towers as part of a diversion project necessitated by the construction of National Highway No. 130A. Sixteen large pits were dug initially, followed by eight more pits on 08/03/2025 in Khasra No. 705/7, amounting to serious and continued encroachment, despite clear statutory requirements mandating prior identification of affected land in the presence of the landowner, payment of compensation, and formal permission from the competent authority upon objection, as stipulated under the Chhattisgarh Government Order dated 20/02/2015 (Annexure P- 2), Central Government SOP