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2026 Supreme(Online)(Raj) 12524

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Kuldeep Mathur, J
PANCHVATI DEVELOPERS PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent
S.B. Civil Writ Petition No. 23326/2025



Advocates:
For the Appellants/Petitioners: Vineet Dave, Himanshu Ranjan Singh Bhati, Kaushik Dave
For the Respondents: Rajesh Joshi, Vineet R Dave, Mahipal Bajiya

Acceptance of compensation for Right of Way (RoW) for transmission lines does not preclude a landowner from approaching the competent authority under the Indian Telegraph Act, 1885, for the determination of fair and enhanced compensation.

Headnote:(A) Right of Way (RoW) - Compensation - Payment of compensation for transmission lines does not preclude the right to seek fair and enhanced compensation from the competent authority under the Indian Telegraph Act, 1885. (Para 4)

Issues: Whether the petitioner can receive an interim compensation amount while reserving the right to approach the competent authority for determination of fair and adequate compensation.

Table of Content
1. petitioner seeks row compensation and route change. (Para 1 , 2 , 3)
2. court directs payment and preserves right to seek enhanced compensation. (Para 4 , 5 , 6)

Order

By way of filing the present petition, the petitioner has prayed for the following reliefs:-

(i) quash all actions, decisions, surveys, approvals, route alignments and proposals of the respondents to erect a transmission tower or lay the 765 kV D/C Bikaner-Neemrana transmission line and its Row corridor over the petitioner's lands situated at Village Bandhnau Utrada, Tehsil- Sardarshahar, District-Churu.

(ii) direct the respondents to consider and adopt an alternate feasible route for the transmission tower and Row corridor so as to avoid the petitioner's commercially converted and residential land.

(iii) without prejudice to the above and in the alternative, the respondents may kindly be directed to strictly adhere to and follow the Central Electricity Authority (Technical Standard for Construction of Electric Plant and Electric Lines) Regulations, 2022, Guidelines for Payment of Compensation towards RoW dated 14.06.2024, and Supplementary Guidelines dated 21.03.2025 and make determination of compensation and apportion the same to the petitioner, before undertaking any tower erection or line work on the parcels of land of the petitioner.

(iv) Cost of the writ petition may be awarded in favour of the petitioner.

(v) Any other order or direction which may be considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.”

2. At the outset, Shri Rajesh Joshi, learned Senior Counsel, submitted that the respondent—Power Grid Corporation of India is ready and willing to pay compensation of ₹1,22,27,241/- towards the right of way for transmission lines to the petitioner, as indicated in the communication dated 24.03.2026 issued in favour of Panchvati Developers Pvt. Ltd., within a period of fifteen days from today.

3. Learned counsel for the petitioner, Shri Vineet Dave, submitted that the respondent—Power Grid Corporation of India— be directed to release the aforesaid compensation to the petitioner, while reserving the petitioner’s right to approach the competent authority, i.e., the District Collector and District Magistrate, for determination of fair and adequate compensation under the Indian Telegraph Act, 1885.

4. In view of the aforesaid submissions, the present writ petition is disposed of with a direction to the competent authority of Power Grid Corporation of India to release compensation of ₹1,22,27,241/- in favour of the petitioner within a period of fifteen days from today. Such payment shall not preclude the petitioner from approaching the competent authority under the Indian Telegraph Act, 1885 for determination of fair and enhanced compensation in accordance with law.

5. In the event the petitioner approaches the competent authority within one month from today seeking determination of fair and enhanced compensation, the competent authority shall consider and decide the same, as expeditiously as possible, preferably within three months from the date of receipt of such application, in accordance with law.

6. The stay petition and all pending applications, if any, also stand disposed of.

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