LAWS(APH)-2023-10-56

PALEM RAM SURESH Vs. STATE OF ANDHRA PRADESH

Decided On October 20, 2023
Palem Ram Suresh Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Challenging the notice dtd. 22/5/2021 issued by 4th respondent under Sec. 68 and 164 of Electricity Act, 2003 r/w Telegraph Act,1885 and CEA (Safety and Electricity Supply) Guidelines, 2010, the above writ petition was filed.

(2.) a) Averments in the affidavit, in brief, are that the petitioners owned land in S.No.393 apart from other properties of Rajampet village. Banana, Mango, Lemon etc. crops are being cultivated. Abutting the petitioners' land, 132 KV sub-station was constructed in the year 1990. The land of the petitioners is fit for house sites. The 4th respondent issued notices impugned in the writ petition. A perusal of the notice would disclose that A.P TRANSCO is executing 132 KV D.C/S.C. line from 200 KV sub-station, Rajampet to 132 KV sub-station C.Orampadu under a system improvement scheme for improving the reliability of power supply; that the transmission lines are passing through the lands of the petitioners; that compensation for the land in which the tower laid will be arranged, for tower base area as a part of land diminution and as per the land rates fixed by the District Collector etc.,

(3.) a) Counter affidavit was filed on behalf of 4th respondent. It was contended, inter alia, that the A.P. TRANSCO in exercise of powers conferred under G.O.Ms.No.115 Energy Department dtd. 7/10/2003 gave administrative approval vide TOO (CE-Construction-1) Ms.No.3 dtd. 3/4/2013 for construction of 132/33 KV sub-station at Chinna Orampadu and 132 KV DC/SC Line from 220/132 KV SS Rajampet to proposed 132/22 KV SS Chinna Orampadu. After the scheme was approved, the A.P. TRANSCO published notification in Telugu and English dailies on 29/10/2014 and objections are called for. However, the petitioners did not raise objections at any point in time. Notices were issued to all the concerned landowners. Notices dtd. 22/5/2021 were issued to the petitioner by registered post.