CHANDRAKALA Vs. TAMIL NADU ELECTRICITY BOARD; SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The petitioner submits that the property comprised in S.No.119, measuring 37 acres 32 cents in No.155, Payyanur Village, Thirupporur Taluk, Kancheepuram District, covered under Patta No.699, belongs to the petitioner and other co-owners. The petitioner further submits that in fact right from the date of purchase under sale deeds dated 09.02.1996 and 07.04.1995 bearing Doc.Nos.964/96, 965/96 and 216/95, the petitioner and other co-owners are armed with a civil Court decree dated 30.04.2010 made in O.S.No.86 of 2004. The petitioner further submits that while so, the second respondent is attempting to put up high tension towers in their property without their consent and knowledge. There are alternate sites over which, it could be installed. The petitioner has also made representations on 19.05.2014, 31.05.2014 and on 05.06.2014. Hence, the petitioner entreats the Court to allow the above writ petition.

(2.) The respondents have filed a counter affidavit and resisted the above writ petition. The respondents submit that the Tamil Nadu Electricity Transmission Corporation Limited is a "State Transmission Utility" under the Ministry of Power, entrusted with statutory power of established Inter-State Transmission System spread across the State. The company is a deemed Transmission Licensee in the capacity of State Transmission Utility as envisaged under Sections 39 and 40 of Electricity Act, 2003. The Company has become a deemed "Transmission Licensee" under the Electricity Act, 2003. The respondents further submit that the Tamil Nadu Electricity Board has approved the proposal for establishment of 230/110/33-11 KV Sub Station with 3X100 MVA. 230/110 KV Auto Transformers, 1X16 MVA, 110/33 KV & 1X16 MVA, 110/11 KV Power Transformers at the OMEGA Industrial Estate near Mahabalipuram in Chennai Operation Circle Chengalpattu Electricity Distribution Circle of Chennai South Region at an estimated cost of Rs.11,555.27 lakhs vide Permanent (FB) TANTRANSCO Proceedings No.58, dated 30.11.2012.

(3.) The respondents further submit that by virtue of the provisions contained in Sub Section (2)(a) of Section 185 of the Electricity Act, 2003, the Board being the Transmission utility and Licensee will exercise the powers of the Telegraph Authority under the provisions of Section 164 of the Electricity Act, 2003 which have already been conferred upon the Board under Section 51 of the Indian Electricity Act, 1910. The respondents further submit that M/s.Omega have proposed to develop an integrated township at OMEGA Industrial Estate in Kunnapattu Village near Mahabalipuram in Kanchipuram District. They may have requested for an initial demand of 50 MVA to meet out their immediate requirement with an ultimate demand of 188 MVA. The respondents further submit that as per CEA norms, the maximum demand at 110 KV level/power transformer capacity in a 110 KV SS should not exceed 132 MVA. Hence, the above said demand requested by M/s.OMEGA could not be catered from the existing facility near Thirukkalukundram 110/33*11 KV SS or Thiruporur 110/11 KV SS or Alanthur 110/33-11 KV SS. The respondents further submit that since there is no possibility to manage the proposed load with the existing grid arrangement in and around the proposed township, in order to provide a reliable and quality supply to the proposed new HT & LT Services in the OMEGA Township, it becomes necessary to propose a new 230/110 KV SS and 110/33-11 KV SS.