SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Tel) 63117

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka, J
Ganta Srinivasulu – Appellant
Versus
Union Of India – Respondent
WRIT PETITION No. 10657 OF 2025



Advocates:
For the Appellants/Petitioners: N. Swathi
For the Respondents: A.S. Vasudevan, Mayur Mundra

The fixation of alignment for high-voltage transmission lines is a specialized technical function of competent authorities; the Court will not substitute its judgment for that of technical experts unless the decision is proven to be arbitrary, mala fide, or contrary to statutory requirements.

Headnote:(A) Electricity Act, 2003 - Sections 68 and 164 - Constitution of India - Articles 14, 21, and 300A - Works of Licensees Rules, 2006 - Rule 10 - Transmission project of national importance - Fixation of alignment - Interference by writ court - Limitation on powers of judicial review.

(B) Judicial Review - Interference with technical decisions - High-voltage transmission line alignment - Courts cannot substitute their view for technical experts unless the decision is arbitrary, mala fide, or lacks material justification - Public interest in energy projects outweighs individual inconvenience.

Facts of the case:
The petitioners, who are landowners, challenged the proposed alignment of a 765KV electricity transmission line passing through their agricultural lands, suggesting an alternative route through endowment land. They alleged that the authorities failed to properly consider their objections, violated principles of natural justice, and that the project would cause irreparable harm to their agricultural activities.

Findings of Court:
The Court observed that the respondent authorities had conducted a detailed survey and followed statutory procedures under the Electricity Act, 2003, and the Works of Licensees Rules, 2006. The objections of the petitioners were considered and formally rejected with reasoned orders. Since the project is of national importance and is backed by statutory approvals, the Court declined to interfere with the technical alignment.

Issues: Whether the route alignment for a transmission line project can be interfered with by the Court, and whether the respondents failed to consider the petitioners' representations in accordance with law.

Ratio Decidendi: The fixation of transmission line alignment is a purely technical matter handled by expert bodies. The Court's scope of review is confined to checking procedural compliance and identifying manifest arbitrariness or mala fides, which were not established in this instance.

Result: Writ Petition dismissed.

Table of Content
1. petitioners' allegations regarding the improper routing of transmission lines through agricultural lands. (Para 1)
2. respondents' justification based on statutory powers under electricity and telegraph acts. (Para 2)
3. scope of judicial review in technical matters of public importance. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. final order dismissing the petition due to lack of merit. (Para 14 , 15)

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 engag

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top