M.UMADEVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India to issue writ of mandamus declaring the notice dated 04.07.2019 issued by the 3rd respondent proposing to erect High Tension Towers and Electrical Lines through the land of the petitioner situated in Survey No.224 of Kagithalapur village, Manubolu Mandal, SPSR Nellore District under the provisions of Indian Telegraph Act, 1885 as being illegal, arbitrary, unfair and violative of Articles 14, 19 and 300-A of the Constitution of India and contrary to the provisions of Electricity Act, 2003 and consequently to restrain the respondents from erecting the High Tension Towers and Electrical Lines through the land of the petitioner.

(2.) The case of the petitioner is that she purchased huge extent of land Ac.133.97 cents in Survey Nos.221, 224, 226 and 234 etc., in Kagithalapur village, Manubolu Mandal, SPSR Nellore District, through various registered sale deeds executed in the year 2012 with an intention to establish Engineering Industry to provide employment to the educated unemployed youth. The petitioner also obtained loan from State Bank of India, Manubolu Branch, SPSR Nellore District for the purpose of establishing Small Scale Industry. The petitioner further states that the Power Grid Corporation of India installed and erected two huge High Tension Transmission Tower in a portion petitioner's land in Survey No.224 in the year 2012. The Power Grid Corporation turned deaf ear to the petitioner's representation and paid meagre compensation to her. When the petitioner is taking steps to establish an Engineering Industry in the remaining land, the Power Grid Corporation erected again another set of huge high tension towers in her land in Survey No.224 parallel to the existing power transmission towers in the year 2015, without any notice or opportunity to the petitioner. The petitioner filed W.P.No.19167 of 2015 questioning the said action of the Power Grid Corporation in erecting the high tension towers in the petitioner's land and the said writ petition was withdrawn on payment of higher compensation and Power Grid Corporation promised not to lay any future power lines in the petitioner's land. Now, the A.P. Transco proposed to erect the two huge High Tension Towers in the petitioner's land in Survey No.224, and to draw high tension power lines parallel to the power lines of the Power Grid Corporation. Now the 3rd respondent issued impugned notice dated 04.07.2019, under the provisions of Indian Telegraph Act, 1885 intimating the petitioner that the 2nd respondent proposed to erect High Tension Towers to draw transmission lines through the petitioner's land in Survey No.224, from Manubolu Sub-station to 132/33KV Kalluripalli (Golagamudi) and offered to pay compensation amount under the provisions of the Indian Telegraph Act, 1885. Being aggrieved by the impugned notice, this writ petition came to be filed.

(3.) The respondents 2 and 3 filed their counter stating that the Government of Andhra Pradesh exercising the power under Section 164 of the Electricity Act, 2003 (for brevity hereinafter called as 'the Act, 2003') conferred power on the 2nd respondent vide G.O.Ms.No.115, Energy Department, dated 07.10.2003 for transmission of the power and Bulk Supply Licence in the State of Andhra Pradesh and the power is also conferred for placing of the electric supply lines or electric plant for the transmission of the electricity or for the purpose of Telephonic or Telegraphic Communications for proper coordination of works to that of a Telephonic authority possessed under the provisions of the Indian Telegraph Act, 1885. The 2nd respondent accorded administrative approval for erection of 132/33KV Sub-station at Kallurpalli (Near Golagamudi) and connected 132 KV DC radial line from existing 400KV substation Manabolu in SPSR Nellore District on 02.06.2015. The scheme was published in A.P. Gazette dated 10-12-2015 inviting objections to the proposed lines and no body has submitted any objections including the petitioner for the said work. After the alignment was fixed and total of 85 towers are proposed for the said line and two towers are coming in the petitioner's land (Tower No.22 and 23) Kagithalapur village, Manubolu Mandal, SPSR Nellore District. It further states that the works out of 85 towers, 79 towers are already completed including line works. There is no provision either in the Act, 2003 or under the provisions of Indian Telegraph Act, 1885, which obligates the respondents to give notice and consider the objections for erection of high tension towers and drawing of power lines across the private land of the petitioner. However, the respondents has issued impugned notice intimating the erection of proposed high tension towers and drawing of power line and entitlement of the compensation under the provisions of the Indian Telegraph Act, 1885. Payment of compensation would arise only after erection of towers. The issue of payment of compensation was decided in the catena of judgments of this Court and the Hon'ble Supreme Court. This court, in Devisetty Ramaswamy v. Chief Engineer, 400 KV Line, A.P. TRANSCO (APSPDCL), Hyderabad, 2013 4 ALD 88 and in The Power Grid Corporation of India Limited v. Century Textiles and Industries Limited and others, 2017 5 SCC 143.