SUNILKUMAR NAHATA Vs. DISTRICT COLLECTOR, TIRUPUR

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioners and the Learned Counsel for the Respondents.

(2.) The Petitioners are owners of the land in S.Nos.261 and 262, Peramanallur Village, Ayyampalayam, Tiruppur District. Aggrieved by the proposal of the Tamil Nadu Transmission Corporation Limited (TAN TRANSCO) to erect transmission tower in their land, the writ petition is filed pointing out various procedural violation and breach of constitutional right.

(3.) The averment made in the affidavit filed in support of the writ petition is that, on 10.03.2017, the respondents without authority entered into their land, damaged the compound wall and started digging the soil with the help of JCB machine. When the unauthorised Act of the respondent was questioned, they said, they are empowered under the Indian Telegraph Act, 1885 and Electricity Act, 1910 to enter upon any land and erect towers for drawing electrical lines. These two Act though provides for carrying out works pertaining to Telegraph or electrical lines in private land, it shall be done only after consent of the appropriate Government, Local Authority, owner or occupier give consent. Whereas in their case, the respondents never informed or obtained consent before erecting the High tension tower. The public notice published in the daily news paper and Gazette publication calling for objection cannot be considered as proper notice since the location of tower not specified in the public notice. The original plan has been deviated. If the original plan is followed, the petitioner land would be saved. Since, the respondents tried to proceed with their project without affording opportunity to the petitioner and without following the mandates of the law. The petitioner filed writ petition before this Court in W.P.No.16922 of 2017 and prayed for direction forbearing the respondents from laying the 230KV Transmission Line through the lands of the petitioner.