THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.6633 of 2025

ORDER:

This Writ Petition is filed declaring the action of the Respondent No.3 in issuing impugned letter dated 12.02.2025 rejecting the Petitioners’ request for change of route alignment of D/C line and for evacuation of 2500 MW solar power from Bidar District, Karnataka in Pomalpalle Village, Keshampet Mandal, Ranga Reddy District.

2. Heard Mr.S.Krishna Sharma, learned counsel for the petitioners and Sri L.Ravi Chander, learned Senior Counsel representing Sri Mayur Mundra, learned counsel for respondent Nos.2 and 3. Perused the record.

3. The case of the Petitioners is that the respondents, without following due process of law or any acquisition proceedings, attempted to enter into the petitioner’s land to install high-tension electric poles and towers for transmission of current. It is contended that such action amounts to trespass and violates the petitioner’s right to property guaranteed under Article 300-A of the Constitution of India. He further relied upon the order dated 29.10.2025 passed by this Court in W.P.No.15403 of 2025, and therefore, prayed that same order may be passed in this writ petition as well. The operative portion of the said order reads as under:

“9. Accordingly, the Writ Petition is disposed of with the following directions:

i. The respondents shall be entitled to carry out installation of the high-tension transmission line/towers in the subject land in accordance with law and approved alignment.

ii. The respondents shall ensure that minimum damage or disturbance is caused to the petitioner’s land.

iii. In case any damage occurs to the petitioner’s land, crops, or structures, the petitioner shall be entitled to compensation as per Section 10(d) and Section 16 of the Telegraph Act, and the respondents shall process such compensation promptly.

iv. The petitioner, if aggrieved by the quantum of compensation, is at liberty to approach the competent authority under Section 16(3) of the Telegraph Act for redressal.

4. Respondent Nos.2 and 3, on the other hand, filed a detailed counter affidavit denying the petitioner’s allegations. It is stated that the Power Grid Bidar Transmission Limited (PGBTL), a wholly owned subsidiary of Power Grid Corporation of India Ltd., is executing a project i.e. “765 kV Bidar PS–Maheshwaram Transmission Line” duly approved by the Ministry of Power, Government of India, under Section 68(1) and Section 164 of the Electricity Act, 2003 (for short, “the Electricity Act”). They stated that they have been conferred with powers of the Telegraph Authority under Part III of the Indian Telegraph Act, 1885 (for short, “the Telegraph Act”), which authorizes them to lay transmission lines without acquisition of land, conferring only user rights upon the licensee. They further stated that the transmission line was finalized after detailed survey and public notice, and that prior intimation was given to the petitioner regarding the proposed works. It is also submitted that no construction activity has been carried out in the petitioner’s land in view of the objections raised, and that compensation, if any, for actual damages to crops or structures will be paid as per law.

5. The issue for consideration before this Court is whether the respondents are acting illegally or without jurisdiction in seeking to install high-tension transmission poles in the petitioner’s land.

6. The Hon’ble Supreme Court in Power Grid Corporation of India Ltd. v. Century Textiles and Industries Limited, [(2017) 5 SCC 143], has clearly held that under Section 164 of the Electricity Act read with Sections 10 and 16 of the Telegraph Act, the transmission licensee does not acquire ownership of the land but only a right of user to lay transmission lines, subject to payment of compensation for any damage caused during execution. It was further held that the licensee is not required to obtain consent of the landowner nor to acquire the land, and that such proje