IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.31307 of 2025 Dated:10.12.2025 Between:

Devarapu Kiran Kumar, R/o.Rangareddy District & another.

…Petitioners AND Union of India & 7 others …Respondents

ORDER:

1. The Petitioners filed the present Writ Petition declaring the action of respondent Nos.7 & 8 in proceeding with the installation of overhead transmission lines (765KV) (Location No.AP47, Tower DB2) over the petitioners’ land admeasuring 937 square yards , situated in Sy.No.29/EE/2 of Dathapur Village, Nawabpet Mandal, Vikarabad District, without paying compensation as per law and the actionof respondent Nos.4 & 5 in not fixing the reate of compensation in respect of non-agricultural lands for installation of overhead transmission lines in respect of petitioners property, as illegal, arbitrary, unconstitutional, violative of principles of natural justice, and Articles 14, 19, and 21 of the Constitution of India.

2. Heard Sri Mohd.Islamuddin Ansari, learned counsel for the petitioners; learned Standing Counsel for Central Government representing respondent No.1; learned Government Pleader for Revenue representing respondent No.4; learned Government Pleader for Revenue representing respondent No.5 and Sri L. Ravichander, learned Senior Counsel representing Sri Mayur Mundra, learned counsel for respondent Nos.7 and 8.

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 petitioners’ 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 petitioners’ right to property guaranteed under Article 300-A of the Constitution of India.

4. Respondent Nos.7 and 8, on the other hand, filed a detailed counter affidavit denying the petitioners’ allegations. It is stated that the Power Grid Bidar Transmission Limited (PBTL), 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 alignment was finalized after detailed survey and public notice, and that prior intimation was given to the petitioners regarding the proposed works. It is also submitted that no construction activity has been carried out in the petitioners 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 projects, being of public and national importance, cannot be stalled by individual objections.

7. The High Court of Andhra Pradesh at Hyderabad in Sri Sai Surya Gardens (P) Limited v. Union of India, (2004) 4 ALD 291; K. Subba