T.BHUVANESWARI Vs. DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE

JUDGEMENT

(1.) Mr.R.Gandhi, Learned Senior Counsel for the petitioner submitted that the Petitioner is the owner of lands in Survey Nos.275/4, 278/3, 278/8 and 278/9, measuring an extent of 2.08 acres. She has purchased the property under two sale deeds, dated 23.01.1982 and 20.06.1988, bearing Regn.Nos.41/1982 and 308/1988, respectively, on the file of the Sub Registrar, Kodumudi. The lands are used for cultivation, and they abut Karur to Erode State Highways. She has three sons and one daughter. Therefore, she has decided to construct residential houses for them. Her elder son is engaged in cultivation of 1.60 acres. There are 150 coconut trees. He submitted that the remaining 40 cents have been earmarked to construct a dwelling house for her sons.

(2.) Learned Senior Counsel for the petitioner further submitted that on 20.09.2012, officials of the 2nd respondent, inspected her lands, without any intimation. Subsequently, she came to know that the original schedule of transmission lines were not passing through her lands. According to him, due to the objections raised by adjacent landowners, the Deputy General Manager, Power Grid Corporation of India Ltd., K.R.Thoppu, Konakkapadi (PO), Karukalwadi Village, Tharamangalam (Via), Omalur Taluk, Salem District, Salem, 2nd respondent herein, has changed the alignment. The present proposal of erecting the tower, and passage of HT Electricity Line over the lands owned by the petitioner, would cause serious hardship.

(3.) According to the Learned Senior Counsel, the total width of the petitioner's land is 184 feet, and the proposed HT Electricity Line would pass through the middle of the land, by which, 70% of the land utility would be lost. Whereas, if the lines are drawn 80 ft., away, on the Eastern side, the damage would be less. It is also the contention of the Learned Senior Counsel, by the proposed laying of HT Electricity Lines, the entire market value of the land would be diminished.