K VARADHARAJAN Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition seeking to quash the proceedings of the second respondent in Na.Ka.20100/2012/J1 dated 03.09.2013 and consequently direct the respondents not to proceed further with the erection of high tension electrical towers over his lands.

(2.) ACCORDING to the petitioner, he is the owner of the lands comprised in various survey numbers morefully set out in the affidavit filed in support of the writ petition. It is the contention of the petitioner that already, the third respondent has earmarked the lands in S.F. Nos. 203, 202, 134 and 130 for laying the line for heavy tension electrical wires. However, the respondents, under the influence of some vested interested persons, deviated the original plan which resulted in the erection of high tension electric wires over and above the properties which are subject matter of this writ petition. According to the petitioner, he was informed during May 2012 that the respondents are going to lay towers for heavy tension electrical wires in his lands. The petitioner therefore submitted an objection on 03.05.2012 to the respondents. Notwithstanding such objections, the officials of the respondents visited the lands of the petitioner on 24.09.2012 and caused an inspection. In such circumstances, the petitioner approached this Court by filing W.P. No. 33187 of 2012 which was disposed of by this Court directing the respondents to consider the objections raised by the petitioner after conducting appropriate enquiry in accordance with Section 16 of the Indian Telegraph Act, within a period of four weeks. In the meantime, the parties were directed to maintain status quo. Thereafter, according to the petitioner, the second repsondent, without considering any of the objections raised, has passed an order dated 03.06.2013 rejecting the claim made by the petitioner. Challenging the order dated 03.06.2013, the petitioner has filed WP No. 16863 of 2013 before this Court. By order dated 18.07.2013, this Court disposed of WP No. 16863 of 2013 by which the order dated 03.06.2013 of the second respondent was quashed and the matter was remanded back to the second respondent for fresh consideration. The petitioner was also granted liberty to produce additional documents, if any, to substantiate his contention. Thereafter, the second respondent has passed the present order dated 25.09.2013 once again rejecting the objections raised by the petitioner for alignment of the route to earmark towers.

(3.) THE respondents have refuted the contentions raised by the petitioner by filing a counter affidavit. According to the respondents, the order dated 25.09.2013 has been passed by the second respondent after following all the procedures contemplated under law and after giving ample opportunity to the petitioner to putforth his submission, including a personal hearing. According to the respondents, the administrative sanction for erecting 230 KV SC line on DC towers from Arasur 400/230 KV SS to Karamadai 230 KV SS has been accorded during 2005 vide order dated 07.12.2005. Such an administrative sanction has been given prior to the sale deeds registered in the Sub -Registrar, Avinashi, except document No. 5464 of 2014. Prior to implementing the project, the Tamil Nadu Transmission Corporation has given advertisement through newspapers in one issue of English News Paper Newspaper Sunday Express on 22.05.2011 and in one issue of Tamil Daily Dinathanthi on 22.05.2011. The substance of the project was also published in the gazzette on 13.07.2011. According to the respondents, the contention of the petitioner that he has obtained no objection for forming layout from the President of the Village Panchayat on 27.07.2011 and from the Tahsildar, Avinashi on 03.02.2012 will not have any bearing on implementation of the project especially when they were obtained after effecting the advertisements mentioned above. Therefore, the present contention of the petitioner that the lands have been approved and several purchasers have paid advance for buying the lands cannot be countenanced. Further, the averment that the petitioner has executed a Gift Deed in favour of the Block Development Officer will not have any impediment for execution of the project especially when such gift deed was executed only on 09.05.2012. It is further contended that the respondents did not carry out any foundation work with respect to tower Nos. 62 and 63 in the above said lands of the petitioner in Ramanathapuram Village, Avinashi and as per Electricity Act, only compensation can be given for the damaged crops during execution of work and no compensation can be paid for the acquisition of land. According to the respondents, the total length of line is 39.00 km with 169 towers out of which for 160 towers concreting have been completed, 142 towers have been erected. The respondents have spent a huge sum of Rs.25 crores for completion of this project which is intended to serve the public at large. According to the respondents, due to delay in energisation of this 230 KV sub station, transmission of nearly 200 MV power from central grid will be affected, which in turn will have an adverse effect in effecting power supply to public at large. In any event, the line proposed to pass through the land of the petitioner will not in any manner affect his cultivation. The guidelines for erecting the high tension tower has been strictly adhered to. The District Magistrate/District Collector, Tirupur has also carried out an enquiry on 17.05.2013 and issued entry permission to carry out the work. The respondents also sought police protection to carry out the foundation work in the tower Nos. 62 and 63 on 5th and 6th October 2013. Therefore, the pendency of the present writ petition at the instance of the petitioner is causing irreparable loss to the department in implementing the project and therefore, the respondents prayed for dismissing the writ petition.