Landowners whose property is utilized for transmission infrastructure are entitled to compensation for damages sustained, and executive guidelines mandating such compensation should be applied to protect their interests, regardless of restrictive prospective clauses, to ensure fair and equitable redress.

ORDER

1.The petitioner-Company has filed the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus and call for the records pertaining to order dated 18.11.2023 passed by the first respondent in Rc.No.14639/2019/M2 and quash the same and direct the first respondent to award compensation to the petitioner under Section 10 of the Indian Telegraph Act, 1885 read with G.O.Ms.No.86, Energy (A1) Department, dated 30.10.2019 with a reasonable interest payable from the date of taking possession of the petitioner’s lands.

2. The facts that led to the filing of the present Writ Petition, are as follows:

(a) The petitioner-Company is the absolute owner of the land comprised in Survey No.217 of Thiruporur and Survey No.245/2B, Kalavakkam Village, Thiruporur Taluk, present Chengalpattu District. The petitioner-Company purchased the said lands, vide sale deed Document No.1949/2003, 1951/2003, 2239/1993, registered in the office of the Sub-Registrar, Thiruporur. In the year 2013, the second respondent, namely the Tamil Nadu Transmission Corporation Ltd., issued a Notification No.VI-3(b)/19/2011, dated 13.07.2011 for erection of 110 KV HT line for Chennai Metro Water and Desalination Plant, which was to run from Orchid Common Point to Siruseri Sub-Station. Prior to that, TANGEDCO proceedings No.78 was issued dated 10.03.2011 and press notification dated 02.06.2011 on this project.

(b) The contract for execution of the work was entrusted to M/s.IVRCL Limited, vide, work order No.LR.No./CE/TR/SE/C/TR/EC/A2/F, dated 18.10.2012 and as per the approved drawing, dated 17.05.2011. The entire line from M/s.Orchid Common point to Thaiyur for total length of about 11 Kms. was planned to be laid in the vacant salt lands belonging to the State and Central Governments. In the entire length of 11 Kms. usage of private Patta land, was not envisaged as per approved plan, dated 17.05.2011.

(c) After the work for laying the transmission line commenced, the Contractor of the project, viz., M/s.IVRCL Limited, dumped the transmission line material in the 58-cent property of the vacant land of M/s.Sree Maruthi Marine Industries Limited, being a sister-concern of the petitioner-Company and the said Company asked the Contractor for explanation. M/s.IVRCL Ltd., vide their letter dated 02.07.2013, informed M/s.Sree Maruthi Marine Ltd. that they were executing the TNEB Work for laying transmission line and also stated that they have stacked material for construction purposes for a period of three months. In response, M/s.Sree Maruthi Marine Industries Limited, vide their letter dated 08.07.2013, informed that the transmission line material was illegally dumped in their land and also gave them a notice to vacate the land within a time period of 48 hours, but they did not comply with the said instruction.

(d) The third respondent wrote to M/s.Sree Maruthi Marine Industries, requesting permission to continue storing for some more time. While so, because of the above episode IVRCL Limited illegally diverted the route through the land belonging to the petitioner-Company and started laying foundation for erection of the transmission tower. The petitioner-Company’s land is adjacent to the Government salt lands. As per the approved plan dated 17.05.2011, the transmission line was to run only through the adjacent Government land only. However, without any notice or prior information, the Contractor M/s.IVRCL Limited, had constructed the foundation base for erection of the transmission tower on the petitioner-Company’s lands.

(e) When once the petitioner-Company came to know about the const