CHAPARLA VENKATA RATNAM Vs. STATE OF A.P.

JUDGEMENT

(1.) The issue involved in both these writ petitions pertains to shifting/ realignment of Transmission Lines and erection of the towers in the lands of the petitioners, therefore, the same are disposed of by this Common Order. For the sake of convenience, W.P. No.503 of 2024 is taken as leading case. W.P. No.503 OF 2024

(2.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(3.) The petitioners are owners of agricultural lands, relying solely on agriculture for their livelihood. An existing 220/134 KV power line already passes through their lands, covering several villages from Gunadala to Old Machilipatnam. Within 1 km of this line, the respondents are proposing to lay a new 220 KV line by erecting towers through the petitioners' villages viz., Maheshwarapuram, Guruvindagunta, Peddaparapudi, Edulamaddi, impacting residential zones, schools, and cultivated lands. Initially, the proposed line was aligned adjacent to the existing one, as part of a project to upgrade the grid. There is sufficient space near the current infrastructure, and a separate line is unnecessary for capacity enhancement. The petitioners later came to know that the original alignment, which ran beside the existing line, was altered, allegedly no specific particulars to avoid land owned by a ruling party politician. The new alignment passes through the villages of Lingavaram, Jonnapudi, Maheshwarapuram, Guruvindagunta, Peddaparapudi, Edulamaddali, Seepudi, and Elamarru. This diversion unnecessarily increases the project length by 22 km, imposing a substantial cost on the State exchequer, while an alternative 3 km route would suffice. Despite repeated requests by the petitioners to retain the original alignment or upgrade the existing line, the respondents conducted land surveys highhandedly, without considering the requests submitted by the petitioners and other villagers and they are now preparing to erect towers. Aggrieved by this arbitrary and high-handed action, the petitioners have filed the present writ petition, seeking a direction to restrain the respondents from laying the new line through their lands situated at villages as mentioned above.