HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 4653 OF 2024

O R D E R:

Petitioners seek a direction to respondents to conduct a joint survey in respect of electric poles of high voltage of 33 KV installed through their lands in Survey Nos. 146, 147, 150, 151, 152, and other contiguous survey numbers and pay appropriate compensation as per the law laid down by the Hon’ble Supreme Court and in accordance with Section 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013), by declaring the installation of the said electric poles without consent as illegal, arbitrary, malafide, and violative of Articles 14, 21, and 300-A of the Constitution of India, in addition to being contrary to Section 38 of the LARR Act, 2013.

2. Petitioners submit that their father, late Ghouse M Oosman had purchased agricultural lands covered by Survey Nos. 135 to 154, also known as Ramnagar Agricultural Farm, situated at Rudraram Village, Patancheru Mandal, Sangareddy District, admeasuring approximately 104 acres, in the early 1950s. These lands have been inherited, owned and possessed by petitioners and other family members. It is stated, agricultural activities on these lands ceased in 2000 due to toxic and hazardous pollution in the area, a situation recognized and taken cognizance of by the Hon’ble High Court, the National Green Tribunal (NGT), and the Hon’ble Supreme Court of India. Consequently, there arose a necessity to convert the land use from Agriculture to Non-Agriculture for residential and allied purposes. Petitioners obtained land use conversion permissions from the District Revenue Officer, Medak at Sangareddy, having paid the requisite charges. Additionally, a DTCP layout plan of the land was also filed.

2.1. Petitioners contend that till 2000, the lands in Survey Nos. 135 to 153 were actively used for agricultural purposes, including cultivation of paddy, vegetables, and sugarcane. During this period, respondents, in a high-handed, unilateral and arbitrary manner, laid 33 KV electric poles across Survey Nos. 146, 147, 150, 151, 152 and adjoining lands, without notice to pattadars or owners and without following due process of law. It is emphasized that no electricity connection was ever provided to Ramnagar Agricultural Farm from these poles. They further state that poles created fear of electrocution and danger to the workers employed in the fields, resulting in huge agricultural losses and damages up to 2000 and subsequently, obstructed the development of roads and infrastructure for the residential colony laid out later.

2.2. It is also stated, due to toxic and hazardous pollution from IDA, Muddu Mailaram and Isnapur Lake by 2000, agricultural activity was no longer feasible. Following the land use conversion, a residential colony was developed between 2002 and 2005. Petitioners entered into a Development Agreement with M/s Doyen Construction Private Limited for development of approximately 80 acres covering Survey Nos. 135 to 153. They state that respondents’ unauthorized installation of 33 KV poles interfered with the planned development, obstructed roads, footpaths and infrastructure and caused reduction in the value of the surrounding land, imposing substantial financial and operational losses on the owners and pattadars. The affidavit emphasizes that the alleged losses from the poles include both the agricultural period prior to 2000 and the residential development phase thereafter.

2.3. Petitioners contend that electricity is a commercial activity, as recognized by the Hon’ble Supreme Court and that installation of 33 KV poles, which were never utilized by them, caused continuous financial losses from the time of installation. They state that personal visits, representations by advocates and legal notices dated 14.03.2023 were sent to respondents requesting an investigation and a joint survey of the poles with a competent surveyor present. Howe