Statutory authorities can erect high-tension electricity towers on private land without prior consent, provided they ensure minimal damage and compensate affected parties, in adherence to public interest principles.

ORDER :

P.T. Asha, J.

The above writ petition is filed for a mandamus directing the second respondent to consider the petitioners’ objections dated 18.09.2025 and consequently to forbear the respondents 1 to 4 from erecting High Tension Electricity Tower in the petitioners’ agricultural land situated in Survey Field No.573, in patta No.1198, Emmampatti Village, Nambiyur Taluk, Erode District.

2.The petitioners would submit that the lands in question are their ancestral properties and the petitioners who are brothers are joint owners of the said land and they have been cultivating crops thereon and they have been in continuous possession of the same. Their livelihood is dependant on these lands. In the year 1981, two high tension electric towers were erected in their lands by the respondents’ board for carrying 250 KW of power and the cable is passing right in the middle of the land from East to West. This has caused excess hardship to the petitioner for cultivating crops and in carrying out their agricultural activities and since the overhead lines are running through their land, their agricultural activities are restricted.

2.1.While so, without any prior notice, the respondents board officials unauthorisedly entered their lands and started measuring it and when questions were raised, they were informed that such measurements were part of the process of constructing a new 110 KW high tension electricity tower and line once again through their property. The petitioners would submit that the construction of these towers would ring a death knell to their agricultural operations and they would be forced to stop their agricultural activities and if their agricultural activities are stopped, they would be declared as defaulters as they have taken loans from banks to carry on their agricultural operations.

2.2.The petitioners would submit that to add to their hardship, two acres had been acquired by the Government for the purpose of establishing Athikadavu-Avinashi Water Supply Project and it was only the remaining lands that is in the enjoyment of the petitioners. The petitioners would further submit that as per the original plan, the tower was not intended to pass through their land, but only through the government lands that is adjacent to their property and it is well open to the respondent to stick to the original plan. Further, the respondents board had not followed due process by issuing proper notice prior to approving or commencing the project. If they had issued notice, the petitioner would have submitted their objections. Therefore, the action of the respondents board is arbitrary.

2.3.The petitioners had therefore, made an objection by way of representation dated 13.08.2025 to the second respondent. Till date, there is no response for the same and the respondents are continuing with their work to erect the high tension towers as per the schedule. This prompted the petitioners to sent yet another objection on 18.09.2025 to the fourth respondent. Despite receiving the objections / representation, the fourth respondent did not respond to the same. Therefore, the petitioner is constrained to approach this Court. 3.The fourth respondent has filed a counter affidavit inter alia contending that the Government of Tamil Nadu had permitted the fourth respondent as per Section 68 and 164 of the Electricity Act, 2003, for executing 11 schemes throughout the State and one of the schemes is the erection of 110 KV DC line on DC tower for making LILO of the existing Karuvallur – Nambiyur feeder at Malayampalayam 110/33-11 kV Substation. They would contend that they are the deemed transmission lincensee