ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL)

1. This Letters Patent Appeal (LPA) has been filed challenging the judgment and order dated 25.04.2023 passed by the learned Single Judge in dismissing the writ petition noticing that once the technical feasibility of the project is approved by the proper government by issuing an order under Section 164 of the Indian Telegraph Act, 1885, it is not open for the land owner or the persons interested to seek for shifting the realignment of the route. The transmission company has all the powers to decide the route and such decision is highly specialized and technical. The decision pertaining to alignment is unrelated to any specific owner and moreover, the action of the telegraph authority in laying down high- tension transmission line is a work in the nature of public interest, which is to be given due weightage, overriding the private interest. We do not find any error in the observations made by the learned Single Judge by noticing that laying down the aforesaid line under Kishan Sarvodaya Yojana for strengthening the existing Inter-State Transmission Network would promote the agriculture activities in the nearby area. No interference, therefore, is called for. It is further pointed out by Mr. S. P. Hasurkar, learned advocate appearing for the respondent Nos. 2 and 3 that the work of laying of Towers is i.e.

already completed and only stringing , putting wires and energizing the same is left for. At this stage, we do not find any good ground to entertain the appeal. It is further pointed out by Mr. Hasurkar that the compensation to the land owners for the damages caused to them has been made at three stage and the payment has already been made to the agriculturists. The petitioners may not have accepted the compensation but the respondent Nos. 2 and 3 are ready and willing to pay the entire compensation as admissible to the petitioners as and when the same falls due.

2. With the above, we dismiss the appeal being devoid of merits.

Connected application shall stand disposed of, accordingly.

[ Sunita Agarwal, CJ. ]

[ Aniruddha P. Mayee, J. ]

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