IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.A.No.3524 of 2019 and C.M.P.No.22597 of 2019 M.Murugesan ... Appellants Vs.

1. The District Collector, The Office Of The District Collector, Namakkal District, Namakkal.

2. The Deputy General Manager, Power Grid Corporation Of India, Sankagiri TLC Office, No.3/3/27-B,Bharathy Nagar, Salem Main Road, Sankagirisalem District-637 301. ... Respondent Prayer :- Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order in WP.No.28895 of 2019 dated 14.10.2019.

For Appellant : Mr.V.Raghavachari, Senior Counsel for Mrs.V.Srimathi.

For Respondents : Mr.D.Gopal, Government Advocate (for R1); : Mr.V.Kalyana Raman for M/s.Aiyar and Dalia (for R2).

J U D G E M E N T

(Judgement of the Court was delivered by S.M.Subramaniam J.)

The writ order dated 14.10.2019 in W.P.No.28895 of 2019 is under challenge in the present writ appeal. The writ petitioner is the appellant before us.

2. The Power Grid Corporation of India, commissioned high tension towers in the land belongs to the appellant. It is not in dispute that the lands were utilized for installation of high tension towers for transmitting electricity by the Power Grid Corporation of India. The affected land owners are entitled for compensation. It is not in dispute that the due process has been followed.

3. However, the learned Senior Counsel, Mr.V.Raghavachari, would submit that it is evident by the route preferred by the Power Grid Corporation of India that they have chosen a preferred route instead of opting for a straight route.

4. However, Mr.V.Kalyana Raman, appearing on behalf of the Power Grid Corporation of India, would submit that installations are made based on expert opinion report and the works in all respects have been completed on 09.06.2020. The operation of power transmission commenced soon after completion of the works and the Power Grid is in operation for the past four years. The compensation due to the appellant is ready with the respondents and a sum of Rs.1,02,62,601/- has been determined towards compensation by the competent authority. Thus, the appellants may approach the respondents for receiving the said compensation by producing necessary documents to establish their right.

5. It is not in dispute between the parties that the work of installation of high tension tower has been completed and the operations have commenced. The learned Senior Council would submit that the routes preferred are improper. It is not for the High Court to interfere with expert's opinion based on which the transmission towers are commissioned. High Court, not being an expert body, in the absence of any material to establish that there are violations, cannot subscribe any new route or issue directions to realign the route preferred by the Power Grid Corporation of India.

6. In the present case, no such ground is established enabling this Court to question the route already finalized by the experts for commissioning high tension towers to the Power Grid Corporation of India. Thus, the said ground need not be adjudicated in the present writ appeal, more so, after completion of works in entirety in the year 2020.

7. Regarding the quantum of compensation, the appellant is at liberty to receive the compensation without prejudice to their right to seek enhancement of compensation as contemplated under the Act. In the event of filing any application seeking enhancement, it is to be decided on merits and without reference to the delay caused on account of the pendency of the writ petition and the writ appeal before this Court.

8. With this liberty, the writ appeal stands disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

(S.M.S.J.,) (C.K.J.,)

04.07.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)

To

1. The District Collector, The Office Of The District Collect