IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2009

(Arising out of SLP(C)No.24713/2008)

M.D., M/s. Ramakrishna Poultry P. Ltd. …Appellant

Vs.

R. Chellappan & Ors.

…Respondents

J U D G M E N T

ALTAMAS KABIR, J.

1.

Leave granted.

2.

The appellant is a Private Limited Company

engaged in the business of poultry farming which is

confined to the production of eggs. It has

constructed three separate sheds on Survey

Nos.242/2 and 249/3 in Nanniyur Pudur Village in

Karur District in the State of Tamil Nadu for

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accommodating about 1.25 lakh layer birds. It is

the case of the appellant that it had invested a

sum of about Rs.6 crores in acquiring the lands,

erecting the sheds thereupon and acquiring the

birds for the purpose of starting the poultry farm.

3.

At this juncture, it may be noted that the

lands on which the poultry farm was started by the

appellant, had been acquired in two stages. About

11 acres of land were acquired by the appellant-

Company on 23^rd June, 2004 and about 4 acres were

acquired on 19^th November, 2004.

5.

At about the same time, the 3^rd respondent, The

Power Grid Corporation of India Ltd. (hereinafter

referred to as ‘the Corporation’) took up the work

of construction of a 400 KV Perambalur – Pugalur

D/C Line as part of the Neyveli Thermal Station

Expansion Project for evacuation of electricity

generated therein. In the process, transmission

towers were required to be installed in various

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locations, some of which were private lands,

including the Patta lands of the appellant, where

its poultry farm is situated.

6.

On 8^th October, 2006, the appellant sought an

opinion from the Assistant Director, Department of

Animal Husbandry, regarding the effect on the layer

birds on account of emission of electro magnetic

fields from the High Voltage Transmission Lines

passing over the poultry sheds. According to the

said authority, the passing of High Voltage

Electricity Current Transmission Wires over the

poultry sheds would adversely affect the

performance and health of the birds in the long

run.

7.

The appellant thereupon filed Writ Petition

No.6850/06 before the High Court, seeking a re-

alignment of the transmission lines so that either

the appellant’s poultry sheds could be avoided or

the height of the tower/pylon could be raised.

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Relying on an earlier order dated 18^th January,

2007, passed by a learned Single Judge of the

Madras High court in Writ Petition No.49172/06, the

learned Single Judge of the Madras High Court by

his judgment and order dated 31^st January, 2007,

disposed of the said Writ Petition, along with

other connected writ petitions, with liberty to the

writ petitioners to submit their objections, if

any, to the District Magistrate concerned, within a

period of two weeks from the date of the order. The

District Magistrate was directed to consider the

same in the light of the order passed by the Court

and pass an order on merits and in accordance with

law, after affording an opportunity to the

petitioners, as well as the respondents, to make

out their respective cases, within a period of six

weeks thereafter.

8.

Pursuant to the aforesaid order, the District

Magistrate issued notice to the appellant and the

Corporation to file objections, if any. The

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appellant filed its objections indicating the

damage that would be caused to the poultry farm, if

the transmission line was not shifted to avoid the

poultry sheds. The appellant asked for a small

deviation of the route of the power line in the

eastward direction, within his lands, so that

minimum damage was effected to the poultry farm.

On the other hand, the Corporation submitted that

no deviation of the transmission line from the