The authority under the Electricity Act grants TANGEDCO the right to enter property for public utility, but proper compensation assessment for affected land is essential.

COMMON ORDER

Mr.D.Ghandiraj, learned Special Government Pleader takes notice for the respondents 1, 4 and 7 and Mr.S.Deenadhayalan, learned standing counsel takes notice for the respondents 2, 3, 5 and 6.

2.By this common order, all these writ petitions are being disposed of.

3.In these writ petitions, the petitioners have challenged the impugned letter issued by the sixth respondent/the Assistant Engineer, High Tension Power Supply Project, Meenakshinaickenpatti, Dindigul. By the impugned letters, the respective petitioners have been informed that the high tension electric wires passing through their agricultural lands are proposed to be replaced and the towers for high tension wires will be stuck out.

4.The respective petitioners are claiming rights over the petition mentioned property, measuring approximately an extent of 200 acres, where, the sixth respondent/Assistant Engineer has intimated that the lands are proposed to be straightening of the high tension lines and the towers are being laid.

5.The impugned letter has been issued by the sixth respondent/the Assistant Engineer, in the backdrop of the order of the first respondent/District Collector, Dindigul, dated 20.08.2024, bearing Ref.Na.Ka.No.1795080/2024/Aa3, which was based on the communication made by the second respondent/the Superintending Engineer, dated 23.02.2024.

6.By the proceedings of the first respondent/the District Collector, dated 20.08.2024, prior entry permission has been granted to the second respondent/the Superintending Engineer, General Construction Circle, TANGEDCO, Madurai, under Section 16 (1) of the Indian Telegraph Act, 1885 , for the purpose of installing the towers and also the electric lines.

7.Relevant portion of the aforesaid order of the first respondent, dated 20.08.2024, reads as under:-

8.The aforesaid order records the recommendation of the Revenue Divisional Officer, Palani; the request of the second respondent/the Superintending Engineer; the welfare of the public and the objection raised by some individuals for erection of electricity towers on the plots identified.

9.The apprehension of the petitioners in these writ petitions is that the respondents will create a law and order situation and are trespassing on to the agricultural fields of the respective petitioners, even though the petitioners have not been heard.

10.It is submitted that there has been no assessment for the loss of determining the compensation that is to be paid to the respective petitioners.

11.That apart, it is submitted that once the transmission lines and towers are passed through the agricultural land, their value would be drastically reduced, which would result in reduction in the yield and therefore, unless proper compensation is determined, the proposed straightening of the high tension wires and laying of fresh towers and re-laying of the towers in the place of old towers should not be allowed.

12.It is submitted that the respondents are also using the heavy vehicles, such as Lorries, Tippers and JCBs., thereby destroying the agricultural fields of the respective petitioners.

13.It is submitted that the order of the first respondent, dated 20.08.2024, is merely relying on the data obtained from the Village Administrative Officer and not based on the actual inspection and therefore, there is an attempt to deny the legitimate compensation, although the first respondent has stated that the compensation is to be paid to the respective petitioners.

14.It is submitted that without proper inspection and determination, the respondents should not be allowed to proceed with the straightening of the high