This writ petition challenged an order dismissing objections to erect 66 KV transmission towers on the petitioner's land. The Court held that with no alternative government land identified for tower erection, the order was not arbitrary and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5687 OF 2024 (GM-KEB)
BETWEEN:
A. JANARDHAN SHETTY, AGED ABOUT 79 YEARS, S/O LATE SANKAPPA SHETTY, R/AT LAKSHMI, KULASO HOSPITAL BENDORYVELL, MANGALORE - 575 002.
…PETITIONER
(BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KIRAN J., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY ITS SECRETARY.
NC: 2024:KHC:12154 WP No. 5687 of 2024
…RESPONDENTS
(BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 AND R2; SRI. H.V. DEVARAJU, ADVOCATE FOR R3 TO R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ORDER DATED 16/02/2024 BEARING NO. LA.ACQ/33/2023-24 PASSED BY THE R2 IN SO FAR AS THE LAND SY. NO. 20/7 FOR ERECTING THE HIGH TENSION ELECTRICAL SUPPLY LINES TOWER NO. 49, 50 AND 51 IN THE LANDS BELONGING TO PETITIONERS (ANNEXUREA) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has called in question the order dated 16.02.2024 passed by respondent No.2 by which the objections filed by the petitioner for drawing 66 KV transmission line on the land belonging to the petitioner has been dismissed.
NC: 2024:KHC:12154 WP No. 5687 of 2024
indicate that there is no Government land available for erecting towers, and drawing transmission line, and therefore, the impugned order passed by respondent No.2 does not warrant any interference.
NC: 2024:KHC:12154 WP No. 5687 of 2024
of transmission line on the petitioner's land is arbitrary and discriminatory is not acceptable.
Sd/-
JUDGE
PNV List No.: 1 Sl No.: 3
3 issues framed by the court
Whether the High Court must interfere with the impugned order dismissing objections to erect transmission towers on the petitioner's land when no alternative government land exists.
Whether the imposition of transmission towers on private land is arbitrary and discriminatory in the absence of available government land.
Whether a survey report indicating no government land abutting the petitioner's property satisfies the requirement of legality for the tower erection order.
A. JANARDHAN SHETTY
STATE OF KARNATAKA DEPARTMENT OF ENERGY
DEPUTY COMMISSIONER, KODAGU DISTRICT
DEPUTY COMMISSIONER, KPTCL
EXECUTIVE ENGINEER (ELECTRICITY), KPTCL
ASSISTANT EXECUTIVE ENGINEER, KPTCL
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
