Torrent Solar Power Private Limited v. Power Grid Koppal Gadag
2025-12-15
M.NAGAPRASANNA
body2025
DigiLaw.ai
ORDER : M. Nagaprasanna, J. The petitioner is at the doors of this Court seeking the following reliefs: “i. Issue a writ order or direction of mandamus or in the nature of mandamus directing the Respondent to re-route the Extra High Voltage ("EHV") Lines without interrupting any work, erections, etc. within the distance of 227 meters of the Petitioner's land parcels as per Ministry of New and Renewable Energy ("MNRE") Guidelines at WTG Locations as per coordinates morefully detailed in the map/sketch (Annexure-R) ii. Issue a writ order or direction of certiorari or in the nature of certiorari quashing and setting aside the letters dated 01/04/2025 number reference bearing by SRTS- II/PKGT L/Gadag TLC/2024-25/273 (Annexure- S), the letter dated 07/02/2025 bearing reference number PKGTL-Gadag/TLC/Torrent/255 (Annexure-P) sent Respondent to the Petitioner asking to relocate the WTG Locations along with the connected communication dated 06/02/2025 (Annexure-N); iii. Issue a writ order or direction of mandamus or in the nature of mandamus restraining the Respondent from issuing any directions to, or otherwise in any manner seeking to compel a change in the WTG Locations and further restrain the Respondent from in any manner interfering with the business and activities/Project of the Petitioner; and iv. Pass such orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the present writ petition.” 2. Facts in brief, germane, are as follows: 2.1. The petitioner - Torrent Solar Power Pvt. Ltd., (hereinafter referred to as the ‘Company’ for short) is a Company established in the year 2020, as an integrated power utility, having its business or interest in power generation, transmission, distribution and supply of power cables and operates wind power generation projects at various places. The respondent is the Power Grid Koppal Gadag Transmission Ltd., (hereinafter referred to as the ‘Power Grid’ for short) a wholly owned subsidiary of the Power Grid Corporation of India. Power Grid is incorporated as a special purpose vehicle of the Government of India for transmission. In the years 2021-2022, the petitioner is said to have conducted a deliberation with the Ministry of New and Renewable Energy (MNRE) for setting of 300.3 MW. Wind power project, which is proposed to be established in the villages of Yalaburga and Koppal Taluk of Koppal District.
In the years 2021-2022, the petitioner is said to have conducted a deliberation with the Ministry of New and Renewable Energy (MNRE) for setting of 300.3 MW. Wind power project, which is proposed to be established in the villages of Yalaburga and Koppal Taluk of Koppal District. After the deliberations, it transpires that the petitioner submits an application to the Karnataka Renewable Energy Development Limited (KREDL) as per the MNRE guidelines, requesting for allotment of 300.3 MW. wind power project under the Inter-State Transmission System (ISTS) category at various places. 2.2. Pursuant to the said deliberation, the petitioner is said to have prepared a detailed project report for the project for the purpose of enquiry or investigation into the feasibility of the project and is submitted to KREDL. The particulars of the locations and the project including the latitude and longitude of the land requirement, the tentative survey numbers, the tentative village names, the height of the wind mast for each proposed site and the tentative project schedule are said to have been submitted by the petitioner. 2.3. The Government, in terms of its order dated 23-02-2022, accorded an in-principle approval to the project of the petitioner by issuance of a Government order, pursuant to which, the petitioner enters into an agreement with KREDL, agreeing to complete the project by 22-02-2028. Between 27-04-2023 and 29-11-2023, the petitioner secured conversion of agricultural lands into non-agricultural purposes, as obtaining under Section 95 of the Karnataka Land Revenue Act, 1964, for the purpose of the limited use as industrial wind mills. On 13-12-2023, the Government of India is said to have granted prior approval to the respondent – Power Grid under Section 68(1) of the Electricity Act, 2003 (hereinafter referred to as the ‘Act’ for short) for installation of overhead transmission lines under the transmission scheme for integration of renewable energy zone. 2.4. A power purchase agreement is entered into between the petitioner and the Solar Energy Corporation of India (SECI), for buying wind power from petitioner as an intermediary procurer as per the tender.
2.4. A power purchase agreement is entered into between the petitioner and the Solar Energy Corporation of India (SECI), for buying wind power from petitioner as an intermediary procurer as per the tender. The petitioner while conducting the foundational drilling work for the purpose of wind turbine generation at the proposed project site, officers of the respondent are said to have approached the petitioner and asked the petitioner to stop erecting the Wind Turbine Generators (hereinafter referred to as the ‘WTG’ for short) at some of the survey numbers acquired by the petitioner, as they were falling near the line corridor of respondent within 100 meters distance in Survey No.202/2 which was not permissible in law. The impugned communication then comes about on 06-02-2025 through the electronic mail, that the petitioner was conducting work near the transmission lines of the respondent, thereby the request was made to stop such work. Another impugned letter springs on the next day i.e. 07-02-2025, with the same intent of stopping the work. A joint inspection is conducted on 28-03-2025, which results in the third impugned letter that there were discrepancies against each of the WTG locations. Communications galore between the two, all of which go unheeded and the present petition is preferred. 3. Heard the learned senior counsel Sri K.N.Phanindra, appearing for the petitioner and the learned senior counsel Sri Pramod Nair, appearing for the respondent. 4. The learned senior counsel Sri K.N.Phanindra appearing for the petitioner, would vehemently contend, that the proposed Extra High Voltage (EHV) lines of the respondent are against the Central Electricity Authority (Measures Relating to Safety and Electricity Supply), Regulations 2023 (hereinafter referred to as the ‘Regulations’ for short). He would place reliance upon Regulation 63 of the said regulations to contend that overhead transmission lines or EHV lines, shall, as far as possible, not pass over or adjacent to any existing building. The windmills proposed to be erected at the WTG locations fall within the definition of ‘building’ under the explanation to Regulation 63 of the said regulations. Therefore, he would submit that the construction work of the respondent is in violation of transmission planning norms and the request for realignment of EHV lines is in tune with the manual of transmission planning criteria.
Therefore, he would submit that the construction work of the respondent is in violation of transmission planning norms and the request for realignment of EHV lines is in tune with the manual of transmission planning criteria. It is his further submission that the petitioner falls within the ambit of infrastructure projects as envisaged by the State Government in its infrastructure policy. The respondents have violated the Telegraph Act, 1885 and Works of Licensees Rules, 2016. He would seek to place reliance upon the judgment of the Apex Court in the case of POWER GRID CORPORATION OF INDIA LTD., v. CENTURY TEXTILES AND INDUSTRIES LTD., [ (2017)5 SCC 143 ] to contend that while laying down transmission lines buildings should be avoided. 5. Per contra, the learned senior counsel Sri Pramod Nair, representing the respondent contends that the WTG locations, as approved by KREDL in terms of the Government Order dated 23-02-2022 were situated at a safe distance of more than 227 mtrs. from the transmission line corridor. The petitioner has also unilaterally shifted the WTG locations subsequently on its own, creating a conflict with the respondent’s transmission lines. Had the petitioner not shifted the three contested WTG locations, there would not have been any conflict. For the act of the petitioner, it cannot now seek alteration of its tower locations. The petitioner has also failed to furnish any revised approval from KREDL or MNRE for shifting the WTG locations. It is the case of the respondent that one of the villages where petitioner claim to have purchased land is not present in the KREDL approval order dated 23-02-2022. The respondent has completed foundation works at all three locations and the towers are also erected. At this stage, if the prayer is granted, it would negatively impact the petitioner’s own project, since any power generated by the petitioner cannot be transmitted without transmission infrastructure created by the respondent. The respondent’s transmission lines have been finalized after considering various factors, including KREDL approval in favour of the petitioner for establishment of WTG lines. The respondent’s project serves a larger public purpose and is a part of the Interstate Transmission Network envisaged to strengthen the National Grid. Any order to shift the lines would create huge dent to public purpose and to various power generators. He would seek dismissal of the petition. 6.
The respondent’s project serves a larger public purpose and is a part of the Interstate Transmission Network envisaged to strengthen the National Grid. Any order to shift the lines would create huge dent to public purpose and to various power generators. He would seek dismissal of the petition. 6. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record. 7. The afore-narrated facts are not in dispute. The only issue that falls for consideration is: “Whether there is any illegality or arbitrariness in the act of the respondent establishing its transmission lines warranting interference at the hands of this Court?” 8. The petitioner makes an application before the KREDL, as per the guidelines, requesting for allotment of 300.3 MW. of wind power project under the ISTS category at various villages. The application of the petitioner submitted to KREDL reads as follows: “Dear Sir, Karnataka has emerged as the hub for the investments in the Green Energy Sector thanks to the kind support and co- operation in creating a conducive environment for the Renewable sector in the state. The State Government has been in the forefront in resolving the problems faced by the Renewables and in securing the Investor's interest and increasing investment in the Sector. To capitalize this occasion and opportunity provided by the Govt. of Karnataka through the RE Policy 2009-2014, We, M/s. Torrent Solar Power Pvt. Ltd is a Special Purpose Vehicle (SPV) created by M/s. Torrent Power Limited through its Indian subsidiary to develop, execute, manage and run 300.3 MW wind power generation plant at various villages of Nittali, Benakal, Gavarhal, Chendoor, Arken, Budsettinhal, Kinnal, Mudapur, Chikbeedinhalu, Kalkera Hatti, Kamanur, Karadigudda, Hanmanhatti, Honhunashi, Kudri, moti, Mangalore, Bhairanayakanhalli, Balapura, Kavalkere, Kadrali. Hirebeedinhalu, Muthal, Sirur, Bedwatti, Yadiapur. Budgumpi, Balgera, Tipparasanhalu, Kakkihalli, Kuknoor, Kuknoor Talulk, Koppal District in Karnataka. The Site has been identified as ideally suited for the development of wind farm based on wind data published by NIWE for this regime. As the proposed site is nearer to the NIWE wind mast at TARLAKATTI of 100m the annual wind speed recorded at 100m height is 6.68 m/s and the extrapolated wind at 130m is 7.2m/s the recorded wind speed and frequency distribution have indicated that the proposed site is eminently suitable for good generation of electricity.
As the proposed site is nearer to the NIWE wind mast at TARLAKATTI of 100m the annual wind speed recorded at 100m height is 6.68 m/s and the extrapolated wind at 130m is 7.2m/s the recorded wind speed and frequency distribution have indicated that the proposed site is eminently suitable for good generation of electricity. M/s. Torrent Solar Power Pvt. Ltd is SPV of M/s. Torrent Power Limited which has expertise in developing Wind power projects, intends to develop 300.3 MW of Wind Power projects with an approximate investment of Rs. 2500 Crores. The project during the implementation will create significant direct and indirect employment opportunities and add 300.3 MW of Green power in the state. We have selected the proposed site based on the analysis of the Wind, site topography, elevation and the availability of land for wind farming and its proximity to the grid. The tentative villages for the proposed project are Nittali, Benakal, Gavarhal, Chendoor, Arkeri, Budsettinhal, Kinnal Mudapur, Chikbeedinhalu, Kalkera Hatti, Kamanur, Karadigudda, Hanmanhatti, Honhunashi, Kudri moti, Mangalore, Bhairanayakanhalli, Balapura, Kavalkere, Kadrali Hirebeedinhalu Muthal, Sirur, Bedwatti, Yadiapur, Budgumpi, Balgera, Tipparasanhalu, Kakkihalli, Kuknoor, Koppal District.” …. …. …. 1. Tentative WTG Geographical latitude and longitude of 91 Nos WTG locations in DMS is (Degree Minutes and seconds) is attached as follows. WTG coordinates for 300.3MV with --- Nos WTG locations …. …. …. 2. Tentative extent of private land required for 300.3 MW Project. Approximate land required for one WTG is roughly 156 X 156 meters which shall cover activities such as casting the foundations, erection of DP Structures, Breaker yards, Metering yards and additional area for assembly, positioning of cranes for erection and other electrical infrastructure. Area required for internal roads approximate width 6 meters to 8 meters and area for overhead transmission lines would be additional. Thus, the total areas for installation of 300.3 MW Wind project works out to be around 750 acres (approximate estimation subject to variation). However, the extent of land may vary during land acquisition considering the site dynamics 3.
Area required for internal roads approximate width 6 meters to 8 meters and area for overhead transmission lines would be additional. Thus, the total areas for installation of 300.3 MW Wind project works out to be around 750 acres (approximate estimation subject to variation). However, the extent of land may vary during land acquisition considering the site dynamics 3. Tentative Survey nos and Village names and taluk The tentative villages for the proposed project are Nittali, Benakal, Gavarhal, Chendoor Arkeri, Budsettinhal, Kinnal, Mudapur, Chikbeedinhalu, Kalkera Hatti, Kamanur, Karadigudda, Hanmanhatti, Honhunashi, Kudri moti, Mangalore, Bhairanayakanhalli, Balapura, Kavalkere, Kadrali, Hirebeedinhalu, Muthal, Sirur, Bedwatti, Yadiapur, Budgumpi, Balgera, Tipparasanhalu, Kakkihalli, Kuknoor, Koppal District Karnataka.” (Emphasis added) Tentative extent of private land required for the aforesaid project was indicated in the application including the geographical latitude and longitude coordinates of 91 WTG locations in DMS (Degree Minutes and seconds). In terms of the order dated 23-02-2022, the Government accords approval to the project of the petitioner. The approval reads as follows: The latitude and longitude of WTG locations were also indicated in the order of approval. The petitioner enters into an agreement with KREDL on 07-03-2022. The location for the agreement with latitude and longitude is as follows: “…. .... …. WHEREAS the State of Karnataka has decided to permit private sector to generate Electricity from Wind Energy projects in the State. M/s Torrent Solar Power Private Limited , have requested KREDL to grant permission to allot a wind power project of 300.3 MW capacity at Kukanur, Masba Hanchinal, Kalkera, Budshettinhal, Nittali, Kakkihalli, Gavarahala, Tipparasanala, Chendoor, Benakal, Yadiyapura, Balageri, Bedavatti, Arkeri, Mangalura, Muthal, Hirebidanal, Kadhrahali, Kinnala, Chikkabidanal, Talakanpura, Honhunsi, Yelamgeri, Hanmanhatti and Kudrimoti villages of Yelaburga and Koppal taluks, Koppal district, Karnataka and the same having being recommended by KREDL vide its letter No: KREDL/08/TSPPL-300.3 MW/Yelaburga/Koppal/F- 10(2022)/204, Dated: 31-01-2022 , the Government had accorded approval for the project vide Government Order No: ENERGY 59 NCE 2022, BENGALURU, Dated: 23-02-2022. Tentative Latitude and Longitude of WTG Locations for 300.3 MW (91 Nos of WTG X 3300 kW) capacity Wind Power Project of M/s Torrent Solar Power Private Limited.” Conversion orders are accordingly passed by the Deputy Commissioner on 3 dates viz., 27-04-2023, 31-10-2023 and 29-11-2023.
Tentative Latitude and Longitude of WTG Locations for 300.3 MW (91 Nos of WTG X 3300 kW) capacity Wind Power Project of M/s Torrent Solar Power Private Limited.” Conversion orders are accordingly passed by the Deputy Commissioner on 3 dates viz., 27-04-2023, 31-10-2023 and 29-11-2023. On 13-12-2023, the Ministry of Power, Government of India grants approval to the respondent – Power Grid under Section 68(1) of the Act for establishment of Overhead Transmission lines of 400 kV in Koppal and Gadag districts. On 26- 12-2023, the petitioner alleges that the respondent entered into Transmission Service Agreement with the Central Transmission Utility. The respondent defends the said allegation contending that the respondent has complied with all the statutory requirements of publicity regarding the alignment of the transmission lines, by publishing the notices in leading newspapers of Koppal and Gadag districts. When things stood thus, on 06-07-2024 a public notice is issued by the respondent under Section 15(2) of the Act of the respondent’s project for drawing up of transmission lines. Objections were invited from general public mentioning the name of Koppal and Gadag district, which are the places in which the transmission lines would pass. On 26-12-2024 the Ministry of Power, Government of India, under Section 164 of the Act, confers upon the respondent the powers conferred upon the Telegraph Authority. 9. On the other hand, in compliance with the timeline stipulated, the petitioner initiated the requisite activities for timely implementation of the project and while conducting the foundation and drilling work for WTG at the proposed project site, the officers of the respondent approach the petitioner and directs the petitioner to stop erecting the WTG, as some of the survey numbers acquired by the petitioner were falling near the line corridor of the respondent which was within 100 mtrs distance in Sy.No.202/2. Therefore, now the lines are to clash with the windmill. Therefore, the petitioner then taking up to the respondent of the issue receives the impugned letter on 06-02-2025 to stop work.
Therefore, now the lines are to clash with the windmill. Therefore, the petitioner then taking up to the respondent of the issue receives the impugned letter on 06-02-2025 to stop work. The impugned letter reads as follows: “From: Chandran G ¼th- panzu½ Sent: Thursday, February 6, 2025 15:28 To: Abhilash Murali/Wind-Project/Kamrej Subject: Fw: Final Route Transmission scheme for integration of Renewable Energy Zone (REZ) Phase-ll in Koppal (Phase-A) and Gadag-II (Phase-A) in Karnataka System Strengthening at Koppal-II and Gadag-II for integration of RE generation projects Attachments: 400KV DC KG Line Final Alignment 20250129.kmz, Koppal Kudgi.kml; Koppal_Raichur_Total_File.kmz, Gadag Koppal Line-2 After DS kml; Tentative Survey Numbers 2 nd 400KV DC Gadag-Koppal Line.pdf You don’t offers get email from gchandran@powergrid.in. Learn why this is important [External: Treat content with extra caution.] Dear sir, We POWERGRID KOPPAL GADAG TRANSMISSION LIMITED (A Wholly Owned Subsidiary of Power Grid Corporation of India Limited) under MoP, Govt. of India, executing the transmission line and substations for integration of renewable energy in and around Gadag and Koppal in Karnataka. In this regard it is to inform that all the transmission line routes are already finalised and constructions works are under progress. (Please refer the attached kml files) It is noticed that in Ryavanki village (Kuknoor Taluk) near our 400KV D/C Gadag-Koppal Line-I tower location 3/10 soil investigation works are being carried out for a wind mill project by your representative which is faling under our line corridor within 100Mtr distance in Survey No. 202/2 which is not permissible as per prevalling norms. Kindly verify your proposed installations coordinates and keep the required distance from our transmission line route/corridor. The tentative list of survey numbers through which our 2 nd 400KV D/C Gadag-Koppal Line-2 pesses under system strengthening is also attached for your ready reference. Kindly verify and keep the required distance for your installation for smooth completion of our Transmission Lines. In this regard as requested over phone earlier, you are once again requested to visit our office for a joint verification without any further delay to avoid any clash of installation under our line corridor. The letter is indicative of the fact that the WTG coordinates were all varied by the petitioner and the respondent had shared only the tentative list of survey numbers. The petitioner was also asked to keep the required distance from respondent’s installation for smooth completion of respondent’s transmission lines.
The letter is indicative of the fact that the WTG coordinates were all varied by the petitioner and the respondent had shared only the tentative list of survey numbers. The petitioner was also asked to keep the required distance from respondent’s installation for smooth completion of respondent’s transmission lines. Communications galore between the two, reiterating their stand. 10. The extent of the deviations of the petitioners WTG locations and coordinates from those approved by KREDL, which are conflicting with the respondents transmission line corridor, as demonstrated by the respondent is as follows: "CHART OF THE LATITUTE AND LONGITUDE OF WTG LOCATIONS AND TOWER LOCATIONS 11. The entire case of the petitioner is that the petitioner has received an approval from KREDL in terms of a Government Order for establishment of WTG coordinates, therefore, there cannot be shifting of the coordinates. It is the other way round. The WTG coordinates and the Government Order states that they were tentative in nature. Being tentative, the petitioner must have been completely aware of the fact that, if the latitude or longitude would be shifted, it would create a problem to the petitioner themselves. The petitioner did not have that power under any agreement or in law to unilaterally shift without approval and without notice of such shifting to any Authorities. Therefore, the problem now generated is not because of the respondent, but because of the petitioner shifting the WTG coordinates and not otherwise. 12. It is trite that laying down of electricity transmission lines by Power Grid serves a larger public interest, as they are essential requirements for growth and development of the country’s economy and the well being of the citizens. This is what is recognized by the Apex Court in the case of CENTURY RAYON LIMITED v. IVP LIMITED , (2021)20 SCC 758 wherein the Apex Court holds as follows: “…. …. …. 8. On the aspect of use of the land belonging to a third party for setting up of the electricity transmission line, we would refer to the judgment of this Court in Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd. [Power Grid Corpn.
…. …. 8. On the aspect of use of the land belonging to a third party for setting up of the electricity transmission line, we would refer to the judgment of this Court in Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd. [Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd., (2017) 5 SCC 143 ] wherein a Division Bench of this Court while examining Section 164 of the Electricity Act had observed that the appropriate Government may by order in writing for the purpose of placing of electric lines or electrical plant for the transmission of electricity necessary for the proper coordination of works, confer on any public officer, licensee or any other person engaged in the business of supplying electricity under the Electricity Act any of the powers that the telegraph authority possesses under the Telegraph Act with respect to the placing of the posts and lines for the purposes of a telegraph. This conferment of powers would be subject to such conditions and restrictions, if any, that the appropriate Government may impose and the provisions of the Telegraph Act. 9. Reference was made in Power Grid Corpn. of India Ltd. case [Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd., (2017) 5 SCC 143 ] to Sections 10 [“ 10.
9. Reference was made in Power Grid Corpn. of India Ltd. case [Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd., (2017) 5 SCC 143 ] to Sections 10 [“ 10. Power for telegraph authority to place and maintain telegraph lines and posts .—The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property:Provided that—(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained;(b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.”] and 16 [ “ 16.
Exercise of powers conferred by Section 10, and disputes as to compensation, in case of property other than that of a local authority .—(1) If the exercise of the powers mentioned in Section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them.(2) If, after the making of an order under sub-section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for this being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal Code, 1860 (45 of 1860).(3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section 10 clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.(4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the court of the District Judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it.(5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall be final: Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same.”] of the Telegraph Act which postulates the power of the telegraph authority to maintain telegraph lines and posts and the provisions relating to compensation in exercise of those powers.
Clause (d) to Section 10 requires that the telegraph authority shall do as limited damage as possible in exercise of powers to place and maintain telegraph lines and posts, and full compensation shall be paid to all persons interested for any damage sustained by them. Sub- section (1) to Section 16 states that in the case of resistance or obstruction in respect of powers exercised by the telegraph authority under clause (d) to Section 10, the District Magistrate may in his discretion make an order that the telegraph authority shall be permitted to exercise the powers. Sub-section (3) to Section 16 states that if any dispute arises with regard to the sufficiency of the compensation to be paid under clause (d) to Section 10, the District Judge within whose jurisdiction the property is situated shall determine the compensation. 10. On the legal effect of these provisions, this Court had observed : ( Power Grid Corpn. of India case [ Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd. , (2017) 5 SCC 143 ] , SCC pp. 152-55, paras 21, 23 & 26) “ 21. It is not in dispute that in exercise of powers under the aforesaid provision, the appropriate Government has conferred the powers of telegraph authority vide Notification dated 24- 12-2003 exercisable under the Telegraph Act, 1885 upon the Power Grid. It may also be mentioned that a Central transmission utility (CTU) is a deemed licensee under the second proviso to Section 14 of the Electricity Act, 2003. Power Grid is a Central transmission utility and is, therefore, a deemed licensee under the Electricity Act, 2003. This coupled with the fact that Power Grid is treated as authority under the Telegraph Act, 1885, it acquires all such powers which are vested in a telegraph authority under the provisions of the Telegraph Act, 1885 including power to eliminate any obstruction in the laying down of power transmission lines. As per the provisions of the Telegraph Act, 1885, unobstructed access to lay down telegraph and/or electricity transmission lines is an imperative in the larger public interest. Electrification of villages all over the country and availability of telegraph lines are the most essential requirements for growth and development of any country, economy and the well-being/progress of the citizens.
As per the provisions of the Telegraph Act, 1885, unobstructed access to lay down telegraph and/or electricity transmission lines is an imperative in the larger public interest. Electrification of villages all over the country and availability of telegraph lines are the most essential requirements for growth and development of any country, economy and the well-being/progress of the citizens. The legislature has not permitted any kind of impediment/obstruction in achieving this objective and through the scheme of the Telegraph Act, 1885 empowering the licensee to lay telegraph lines, applied the same, as it is, for laying down the electricity transmission lines. *** 23. Section 10 of the Telegraph Act, 1885 empowers the telegraph authority to place and maintain a telegraph line under, over, along or across and posts in or upon any immovable property. The provision of Section 10( b ) of the Telegraph Act, 1885 makes it abundantly clear that while acquiring the power to lay down telegraph lines, the Central Government does not acquire any right other than that of user in the property. Further, Section 10( d ) of the Telegraph Act, 1885 obliges the telegraph authority to ensure that it causes as little damage as possible and that the telegraph authority shall also be obliged to pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers. *** 26. We also do not find that the action of the Power Grid, in the given circumstances, by not shifting the transmission lines was arbitrary. From the facts noted above, it becomes apparent that not only it was unfeasible to change the alignment as almost entire work had already been completed by the time the writ petitioner started protesting against this move, even otherwise, the Power Grid has given sufficient explanation to point out that all relevant factors/aspects were kept in mind while laying down the impugned transmission lines. Such transmission lines had to be in straight line to the extent possible for eliminating loss of transmission. It is also explained that electricity transmission is usually laid or crossed over agricultural land where minimum extent of land gets utilised for erecting towers and where agricultural activities are not prejudiced / obstructed in any manner. The purpose is to avoid buildings, religious places, ponds, etc. while laying down these transmission lines.
It is also explained that electricity transmission is usually laid or crossed over agricultural land where minimum extent of land gets utilised for erecting towers and where agricultural activities are not prejudiced / obstructed in any manner. The purpose is to avoid buildings, religious places, ponds, etc. while laying down these transmission lines. It is only when it becomes inevitable that towers are placed on the private lands to the minimum and least extent possible. That is what was tried to achieve in the instant case. Another important factor, which needs repetition at this stage is that no blasting is permissible within 300 m from the 400 kV line (already existing) or the tower structure. Mining of limestone can be taken up by adopting the methods other than use of explosive/blasting — without damage to the tower foundation/tower structure or the line, which can be accomplished by using jack hammer/pneumatic hammer with compressor so as to avoid any damage to the line or tower. This aspect has also been taken note of by the learned Single Judge of the High Court in the judgment dated 11-3-2008 [ Century Textiles & Industries Ltd. v. Power Grid Corpn. of India Ltd. WP (C) No. 1909 of 2007, order dated 11-3-2008 (Chh)] . The Division Bench [ Century Textiles & Industries Ltd. v. Power Grid Corpn. of India Ltd. WA No. 42 of 2008, order dated 2-8-2010 (Chh)] did not differ with any of these findings.” 11. The decision in Power Grid Corpn. of India Ltd. case [ Power Grid Corpn. of India Ltd. v. Century Textiles & Industries Ltd. , (2017) 5 SCC 143 ] highlights the imperative and the need for unobstructed access for laying down the electricity transmission lines in the larger public interest as these are essential requirements for growth and development of the country, economy and well-being of the citizens.” (Emphasis supplied) The Apex Court holds that Power Grid is a deemed licensee under the Electricity Act, 2003, and has the power to eliminate any obstruction in the laying down of power transmission lines. 13.
13. In the light of the judgment of the Apex Court and the admitted folly of the petitioner in shifting the WTG locations, without notice or without the concurrence of the Authorities, which has only led to the present dispute and since the transmission lines laid down by Power Grid are of a public interest of a higher pedestal, the WTG lines of the petitioner must yield to the larger public interest. In that light, finding no merit in this petition, petition stands rejected. Pending applications if any, also stand disposed.