Public interest can outweigh private rights in infrastructure development, especially concerning environmental considerations.

ORDER

The Writ Petition has been filed in the nature of a Certiorari seeking records relating to an order passed by the fifth respondent / the President /Executive Officer, Velappanaickenvalasu Village Panchayat, Velappanaickenvalasu, Vellakoil Via, Kangayam Taluk, Tiruppur District, dated 26.09.2024, in proceeding permission Order No.19/2024-2025, dated 26.09.2024 and quash the same.

2. The writ petitioner S.Kumaravel is a resident of Senathipalayam Village in Mayilrangam Post at Kangayam Taluk in Tiruppur District and claims that he is the owner of patta agricultural lands in S.No. 1283 and 408/2A, Senathipalayam Village at Kangayam Taluk, Tiruppur District, measuring about 7.52 acres. He claims that he is cultivating agricultural crops by using the irrigating water through PAP canal and that the lands are registered as Ayacut land with PAP project. Whenever the canal water is not available, the petitioner is dependent on rain water and also spillage water from nearby lake. The petitioner further stated that in his village, there are many tanks, lakes and water bodies in S.Nos. 654, 640/B3A1, 642, 636/A, 468, 465/A, 464/A4A and 485. The said water bodies get water whenever the rain falls and storage of that water is helpful for irrigation of the agricultural lands and also to preserve the water levels in nearby wells and borewells. It is claimed that the said water bodies are more than 100 years old.

3. The petitioner is deeply aggrieved by the order of the fifth respondent whereby the fifth respondent had granted permission for erection of a high tension electricity tower in the water body. The Writ Petition has been filed questioning such order granted by pointing out that such construction should not be put up in a water body and if put up, would cause danger to the villagers when they walk across those lands. The possibility of the villagers and/or their livestock being electrocuted was also pointed out. It is also contended that if the tower is put up, it would prevent water being stored in the water bodies. It is under those circumstances that though representations had been given by the petitioner and since orders have not been passed, the Writ Petition has been filed.

4. The writ Petition had been admitted and rule nisi was issued on 23.10.2024. Stay of construction of the tower was also granted on the same date. On receipt of notice, the fourth respondent had filed W.M.P.No. 42408 of 2024 seeking to vacate the exparte order of stay.

5. In the affidavit filed in support of that petition, the authorised signatory of the fourth respondent, which is a subsidy of Tata Power Renewable Energy Limited had stated that the fourth respondent is engaged in the business of developing, constructing and operating wind and solar power assets across the country. It had been further stated that a 198 MW of wind capacity project was installed and commissioned at Tirupur and Karur Districts. It had been further stated that the Ministry of Power, Government of India had granted prior approval under Section 68(1) of the Electricity Act 2003 for installation of dedicated overhead transmission lines which is part of the project. It had been further stated that by a notification dated 21.10.2024, the Ministry of Power had conferred upon the holding company of the petitioner, Tata Power Renewable Energy Limited, the powers of Telegraph Authority under Section 164 of the Electricity Act 2003. This had given authority to the said company to undertake installation, maintenance and operation of telegraph and electrical infrastructure including transmission lines and towers with the privileges outlined in the In