CHANNABASAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are before this Court under Articles 226 and 227 of the Constitution of India with a prayer for issue of mandamus directing the respondent Nos.2 to 4 to implement the laying of transmission line through the original alignment as per Annexure-G i.e., through Nagavalli, Abbathana and vacant land of Mallasandra Nandini Dairy.

(2.) Heard the learned counsel Sri.Vinaya Keerthy.M, for the petitioners, learned Assistant Solicitor General Sri.Shanthi Bhushan for respondent No.1, Learned counsel Sri.S.H.Murthy for learned counsel Sri.Joshua Samuel for respondent Nos.2 to 4 and learned Additional Government Advocate Smt.A.R.Sharadamba for respondent No.5. Perused the writ petition papers.

(3.) Learned counsel for the petitioners would submit that for the purpose of establishing new 400/200 KV Substation at Madhugiri with 2x500 MVA transformers with provision for establishing 765 KV substation in future in the same switchyard, alignment was drawn via Nagavalli, Abbathana and vacant land of Mallasandra Nandini Dairy. It is also alleged that subsequently, alignment was changed and drawn through the petitioners land. It is the grievance of the petitioners that the petitioners' land are utilized for drawing transmission line without issuing any notices and without any proceedings. Learned counsel further submits that the petitioners' garden land is being utilized and the respondents have damaged the garden land to draw the transmission line. It is contended that the respondent authorities have not followed the guidelines and have not obtained permission of Environmental Committee and have not followed the procedure prescribed.