The selection of alignment for high-voltage power transmission lines is a highly technical matter; the court will not interfere with the route finalized by competent authorities under the Electricity Act unless the decision is proven to be arbitrary, mala fide, or in violation of statutory provisions.

O R D E R:

Petitioners claim that they are farmers and owners and possessors of agricultural lands situated in Survey Nos. 35, 36 and 37 of Matha Madharam, Kadthal Mandal, Ranga Reddy District and they are eking out their livelihood by doing agriculture in the above-mentioned lands for more than two decades. It is the further case of petitioners that there are cattle sheds, electric pumps, work homes, etcetera in the said lands and there are more than 800 Mango trees, Teak wood trees, and they are cultivating the paddy in the said lands.

1.1. While the matter stood thus, in the second week of August 2024, some persons, claiming to be representatives of the 5th Respondent, visited the addressed lands and carried out the markings, when questioned by petitioners, it is informed that there is a proposal of laying over head 765KV electricity Transmission lines. Petitioners are aggrieved by the said action of the officials of the 5th Respondent and asserted that the said action amounts to trespass to the private land. It is the further case of Petitioners that there are alternate lands in Survey Nos. 1, 14, 15, 16, 17, 19, 20 and 21 of Matha Madharam Village, Kadthal Mandal, which belongs to endowment and which are not being cultivated and Transmission Lines can be laid through the said lands. As the 5th Respondent had marked three points in the said lands which are the Endowment land thereby it is feasible for the 5th Respondent to lay Transmission Lines in a straight line through the endowment lands instead of diverting the lines through petitioners’ lands and if the 5th Respondent are allowed to proceed with execution of works, Petitioner would be put to loss and would be deprived of their livelihood. It is alleged that the 5th Respondent changes the alignment and lays Transmission Lines through Survey Nos. 1, 14, 15, 16, 17, 19, 20 and 21 etcetera consisting of an extent of 350 guntas; there will not be any impact on the agriculturist in the agricultural activities and the same would be less burden on the public exchequer.

1.2. In support of their case, petitioners rely upon Google Maps (ISRO) showing the proposed marked line in blue colour as fixed by the 5th respondent and to change the same alignment in yellow colour is what petitioners are requesting in this Writ Petition. Under these circumstances, petitioners made representation dated 29-04-2024 through e mail to the 5th Respondent and to consider their objections for laying of the Transmission lines. However, Respondents did not respond to the said e mail. As on the date of filing of the Writ Petition, the work as planned by the 5th Respondent is not commenced, that apart, petitioners contend that Respondents have been notified about the execution of the works. However, the said notification, the names of the owners of the lands were not notified as such the said notification is ambiguous.

1.3. Petitioners, relying on the Report prepared by WISCONSIL, contends that laying of transmission lines through their lands is against the said report and the 5th Respondent failed to consider the specific objections so also the environmental issues and minimizing the burden on the public. If the transmission lines are laid, the same are life-threatening. It is also the case of Petitioners that Respondents have not placed the approved plan signed by the competent authority including the map giving details of the location of towers and erection of proposed extra high-tension wires and that is the minimum expected thing that needs to be done by the Corporation engaged grounding such projects, which is absent in the present case. Petitioner further contends that in a similar projec