This writ petition challenged the District Collector's order allowing Power Grid Corporation to erect HVDC tower lines. The Court held that the petitioner has no locus to challenge the project itself but can only claim compensation. The petition was dismissed.
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 JUDICATURE AT MADRAS
Reserved on: 20.06.2019 Pronounced on: 26.06.2019
Coram::
The Honourable Dr.Justice G.Jayachandran
W.P.No.13682 of 2019 & W.M.P.No.13738 of 2019
K.Sivakumar, S/o.K.Kolandasamy, No.74, Nethaji Street, VelampalayamPudur, Enchampalli Post, Modakkurichi Taluk, Erode District.
... Petitioner
/versus/
Gurgaon (Haryana) – 122 001.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Certiorari, to call for the entire records with respect of order dated 09.03.2019 made in Na.Ka.No.2473/2018/K4 related to erection of Raigarh-Pugalur part (x) 800 KV HVDC High Tension Tower line to be drawn in Erode District on the file of the 6th respondent herein.
For Petitioner : Mr.S.Lakshmanasamy Mr.M.Ganesh For R4 : Mr.R.Thiyagarajan, Senior Counsel for M/s.Aiyar & Dolia For R6 & R7 : Mr.D.Suriyanarayanan, Additional Government Pleader
O R D E R
This Writ Petition is filed seeking writ of certiorari, to call for the entire records pertaining to the order passed by the 6th respondent/the District Collector herein on 09.03.2019 made in relation to the erection of Raigar-Pugalur part (x) 800 KV HVDC High Tension Tower line to be drawn in Erode District.
Authority, vide letter No.52/11(PGCIL) 2015-PSP & PA-II dated 24.09.2015. The said prior approval was partially modified by letter dated 18.02.2016. In the said routes, the Erode District was not included and no environmental clearance was obtained. While so, the Transmission line should not pass through Erode and Thiruppur Districts. However, the Officials of the 4th and 5th respondents have entered upon the lands for measurement, without furnishing details in respect of erection of Tower in their lands. The paper publication issued by the Power Grid Corporation of India, does not mention her village, as a proposed route for erection of Tower lines. The Act of the 4th respondent/the General Manager, Power Grid Corporation of India, is contrary to the Rules prescribed under the Indian Telegraph Act, 1885 and Tamil Nadu Electricity Act, 2003, besides it is in violation of Article 300-A of Constitution of India (Right to Property).
of Tamil Nadu. The total cost of the project is Rs.24,000/crores. The project is proposed to be implemented under two schemes:
Scheme (i): The project will be 800 KV bipole HVDC link connected Raigarh - Pugalur
Scheme (ii): AC system strengthening with 5 double circuit of 400 KV HVAC Lines connected Pugalur, Arasur Udumalpet, Thiruvalam (POWERGRID) and Edayarpalayam, (TANTRANSCO) substations. The project is going to benefit the state of Tamil Nadu by large. The project which runs through five States is in advance stage of completion. 95% of foundation work, 89% of Tower erection and 66% of stringing work have already been completed. The reschedule time for completion is September – 2019. The said project was approved by the Standing Committee on Power System Planning in Southern region in their meeting held on 31.07.2014 and 07.03.2015. The prior approval of Government of India under Section 68 of Electricity Act was received vide letter dated 29.09.2015.
process underwent before finalisation of the project and the opportunity given to the persons concern to raise their objection and the benefit of erecting the transmission lines pursuant to the approved project.
Section 10 in The Indian Telegraph Act, 1885
10 Power for telegraph authority to place and maintain telegraph lines and posts:- The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property: Provided that-
(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the 1 [Central Government], or to be so established or maintained;
(b) the 1 [Central Government] shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and
(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and
(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has
exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
Section 16 of the Indian Telegraph Act, 1885.
(1) If the exercise of the powers mentioned in section 10 in respect of property referred to in clause (d) of that section is resisted or 45 obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them.
(2) If, after the making of an order under sub section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for this being exercised, he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860). (3) If any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.
(4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons
interested are entitled to share in it.
(5) Every determination of a dispute by a District Judge under subsection (3) or subsection (4) shall be final: Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same.
objecting the same. The Court has held that the land owners are always at liberty to seek for compensation and has no locus to challenge the very project under the garb of violation of fundamental right or the other provisions.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
To,
order in W.P.No.13682 of 2019 & W.M.P.No.13738 of 2019
cp(co) nr 28/08/2019
2 issues framed by the court
Whether the petitioner can challenge the High Court's order permitting the erection of a high tension electric line on his agricultural land.
Whether the Power Grid Corporation had valid notification and prior approval for the transmission line passing through Erode District.
Colour shows how this judgement treated each authority
W.P.No.30124 of 2018Referred¶2
3 provisions across 2 enactments
K.Sivakumar
Southern Regional Power Committee
Secretary, Central Electricity Authority
Chairperson-cum-Managing Director, Power Grid Corporation of India Limited
General Manager, Power Grid Corporation of India Limited
District Collector-cum-Executive Magistrate, Erode District
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
