THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.15403 OF 2025

ORDER:

The Petitioner filed the present Writ Petition to declare the action of the respondents in preparing to install high-tension current poles in the petitioner’s land bearing Survey Nos. 83, 84 & 85 admeasuring Acs.32.18 guntas, situated at Sarvaravalapally Village, Kandukur Mandal, Ranga Reddy District, as illegal, arbitrary, unconstitutional, violative of principles of natural justice, and Articles 14, 19, and 21 of the Constitution of India, and to restrain the respondents from interfering with the petitioner’s peaceful possession.

2. Heard Sri Prabhakar Peri, learned counsel for the petitioner; learned Standing Counsel for respondent No.1 and Sri L. Ravichander, learned Senior Counsel representing Sri Mayur Mundra, learned counsel for respondent Nos.2 and 3.

3. The case of the Petitioner 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.

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 (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 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 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 Raju v. Executive Engineer, TLC Division, APTRANSCO, (2010) 4 ALD 358; and Bommi Reddy Narasimha Reddy v. Power Grid Corporation of India Limited4, has consistently held that while executing transmission lines under Section 164 of the Electricity Act, no prior notice or

4 (2014) 1 ALD 697

acquisition proceedings are required, and the remedy available to the aggrieved landowner is only for compensation.

8. In view of the settled legal position and the material on record, this Court finds that the respondents are executing a transmission project duly approved by