Gujarat High Court
Bhanubhai Laxmanbhai Bharwad vs Power Grid Corporation Of India Limited on 7 July, 2025
NEUTRAL CITATION
C/SCA/7337/2025 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7337 of 2025
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BHANUBHAI LAXMANBHAI BHARWAD & ORS.
Versus
POWER GRID CORPORATION OF INDIA LIMITED & ORS.
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Appearance:
MR DHRUV M PAREKH(12293) for the Petitioner(s) No. 1,2,3,4,5,6
MR MA PAREKH(1088) for the Petitioner(s) No. 1,2,3,4,5,6
MR NIKUNJ KANARA AGP for the Respondent(s) No. 4
MOSON LE EXPARTS(11071) for the Respondent(s) No. 1,2,3
MR AKSHAT KHARE(5912) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 07/07/2025
ORAL ORDER
[1] Since the issue raised in this petition is in a narrow compass and more or less is already settled, with the consent of the learned advocates appearing for the respective parties, present petition is taken up for final hearing at the admission stage.
[2] Rule returnable forthwith. Learned advocate Mr. Akshat Khare waives service of notice of Rule on behalf of the respondents Nos.1, 2 and 3. Learned A.G.P. Mr. Nikunj Kanara waives service of notice of Rule on behalf of the respondent No.4 - State authority.
Page 1 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined [3] By way of this petition under Article 226 of the Constitution of India, the petitioners have approached this Court for the following reliefs:
"15(A) Admit / allow the present writ petition, in the interest of justice;
(B) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction by quashing and setting aside the impugned orders at Ann. A Coll.
passed by the District Collector, Ahmedabad, forthwith, in the interest of justice as it is violative of Article 14 of the Constitution of India.
(C) Be pleased to issue a Writ of Mandamus or a Writ of Certiorari or any appropriate Writ, Order or direction by directing the Resp. No. 2 to lapse /drop the Project of Construction of Transmission Line 765 kv D/c line on the Agricultural Lands bearing Block /S. Nos. 303-415-337-245- 256 & 302/1, forthwith, in the interest of justice;
(D) Be pleased to issue a Writ of Mandamus or a Writ of Certiorari or any appropriate Writ, Order or direction by directing Resp 2 through their Deputy General Manager of Power Grid Khavda Transmission Ltd. to lapse /drop the Construction of Transmission Line 765 kv D/c line on the Page 2 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined Agricultural Lands bearing Block /S. Nos. 303-415-337-245- 256 & 302/1 as it is contrary to the Land Acquisition Proceeding forthwith, in the interest of justice (E) Be pleased to issue a Writ of Mandamus or a Writ of Certiorari or any appropriate Writ, Order or direction by directing Resp. 2 through their Deputy General Manager of Power Grid Khavda Transmission Ltd. to lapse/drop the Construction of Transmission Line 765 kv D/c line on the Agricultural Lands bearing Block /S. Nos. 303-415-337-245- 256 & 302/1 as the said Scheme for evacuation of 4.5 GW RE is without giving any advance Personal Notice to the petitioners, herein as well as also without giving any specification about the above referred their lands in any Public Notice therefore there is gross violation of Article 14 of the Constitution of India, (F) Pending, admission and final disposal of the present petition this Hon Court may kindly restrain/stop the Resp. no. 2 & 3 their men, agents, servants and assignees from Construction of Transmission Line 765 kv D/s line on the Agricultural Lands bearing Block /S. Nos 303-415-337-245-256 & 302/1, forthwith in the interest of justice:
Alternatively (G) Be pleased to direct the Resp. No.2 to award compensation, in view of, market rate or in view of recent transaction of Page 3 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined surrounding Agricultural Lands bearing Block /S. 303-415-
337-245-256-302/1, forthwith, in the interest of justice.
(I) Any other and further relief/s may kindly be granted in the interest of justice."
[4] I have heard learned advocate Mr. M. A. Parekh for the petitioners and learned advocate Mr. Akshat Khare for the respondents Nos.1, 2 and 3.
[5] The principle challenge, as can be discernible from the aforesaid prayer, is with regard to quashing and setting aside the order passed by the District Collector and Magistrate, Ahmedabad under Section 16(1) of the Indian Telegraph Act, 1885 and seeking direction to drop the project of construction of Transmission lines 765 kv DC line on the agricultural lands bearing block Nos.303- 415-337-245-256 & 302/1.
[6] Learned advocate Mr. Parekh for the petitioners has mainly submitted that the installation of electric poles in the agricultural fields of the petitioners is without following due procedure of law and that without giving any notice to the Page 4 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined petitioners. It is further submitted that by laying of electric poles and fixing the route of the same, the authorities have acted highhandedly and discriminatory in such a manner so as to extend benefits to the rich and influential farmers and for which lands of the petitioners have been chosen to lay the electric poles and that has resulted into the serious miscarriage of justice to the small farmers like the petitioners herein. According to Mr. Parekh, the foundation of electric poles has been constructed in the fields of the petitioners in such a manner that the petitioners would lose 80% to 100% lands and for which, compensation awarded by the District Collector, Ahmedabad is also on a very lower side.
[7] By making above submissions, learned advocate Mr. Parekh for the petitioners has requested this Court to allow the present petition as prayed for.
[8] Per contra, learned advocate Mr. Akshat Khare for the respondents Nos.1, 2 and 3, while opposing the present petition, has made the following submissions:
[8.1] Learned advocate Mr. Khare for the respondents - Page 5 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025
NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined company vehemently opposed the present petition contending, inter alia, that the present petition at this stage is not tenable in the eye of law. Mr. Khare further submitted that the right from the survey of the route and considering the viability of technical aspect and the order passed by the competent authority under Section 164 of the Indian Electricity Act is after following the due procedure of law and in strict compliance of the Government Resolution. Mr. Khare submitted that therefore, the present petition seeking dropping of the project without challenging any order under Section 164 of the Act cannot be entertained and thus, the same deserves to be dismissed. Mr. Khare further submitted that the entire procedure selecting the particular route for erection of electric poles has been tested by this Court in the case of other litigants in R/Special Civil Application No.15365 of 2024 decided on 10th March 2025 and R/Special Civil Application No.1922 of 2024 decided on 6th May 2025, thereby, this Court may not go into the veracity of the route and consequently, requested this Court to dismiss the present petition. Mr. Khare further submitted that the order passed by the District Collector under Section 16(1) of the Page 6 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined Indian Telegraph Act is a kind of enabling the order and by the said order, the rights and / or veracity of the route has never been gone into. According to Mr. Khare, once the construction / erection work of electric poles is over, the order passed by the District Collector under Section 16(1) of the Indian Telegraph Act is fully implemented and there can be no further challenge to that effect. [8.2] Learned advocate Mr. Khare next submitted that so far as the grievance with regard to adequacy of compensation is concerned, the petitioner can very well approach the District Court under Section 16(3) of the Indian Telegraph Act for enhancement of compensation with cogent evidence and therefore, he requested this Court not to entertain the present petition on the aspect of compensation as well.
[9] By making above submissions, learned advocate Mr. Khare for the respondents - company requested this Court to dismiss the present petition.
[10] I have heard learned advocates appearing for the respective parties and have gone through the material produced on Page 7 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined record. No other and further submissions have been canvassed by the learned advocates appearing for the respective parties, except what are stated hereinabove.
[11] Having heard the learned advocates appearing for the respective parties and having gone through the material produced on record, the fact which emerges from record so far as laying of construction of Transmission Line Package TL01 for Ahmedabad - South Gujarat / Navsari (new) 765 kv D/C line Part - II on the lands bearing block Nos.303-415-337-245-256 and 302/1 is concerned, the legality and validity of the very Transmission lines has already been determined by this Court in /Special Civil Application No.15365 of 2024 decided on 10th March 2025 and R/Special Civil Application No.1922 of 2024 decided on 6 th May 2025. The Coordinate Bench of this Court, in R/Special Civil Application No.15365 of 2024, while deciding the matter, has observed thus as under:
"9. That, the respondent No.3 has filed an application to the authority for grant of approval for laying of overhead transmission line under "Transmission system for evacuation of 4.5GW RE injection at Khavda PS under Phase - II Part C".Page 8 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025
NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined Thereafter, the respondent No.3 published a notice in the newspapers for the general public to give objections/representation for the proposed transmission route within two months from the date of such publication. Subsequently, the respondent No.3 also submitted an affidavit declaring that pursuant to the publication of the notice in the local newspapers and the Gazette of India, ten(10) representations have been received from the public on the proposed route alignment and the clarification/reply has also been given to the said representations. That thereafter, the respondent No.3 applied for authorization under Section 164 of the Electricity Act, 2003 to the Ministry of Power with respect to laying telegraph lines and posts/towers established or maintained by the Government. The said authorization came to be granted on 11.12.2023 by the Ministry of Power, Government of India. Accordingly, upon being conferred power of the Telegraph Authority, vide approval under Section 164 of the Electricity Act, 2003, the respondent No.3 herein has got Right of Way to enter the land property for erection of tower and laying of overhead transmission lines.
10. Nothing has been brought on record by the petitioners that pursuant to the public notice dated 18.06.2023, the petitioners had made a representation to the concerned authority towards proposed route alignment. Further, this Court, after filing of the present Special Civil Application, has granted opportunity to the petitioners to make an appropriate representation for realignment of the route of transmission line to the competent authority of the respondent No.3. The competent authority has given a negative opinion since it would involve major change in the alignment, which is not possible at this stage. The another aspect which is to be taken note of in the present case is that tower location No.217/0 coming in the way of survey No.81 of the subject land of the petitioners cannot be technically shifted as proposed by the petitioners since it will change major alignment of the entire line resulting in demolition and recasting of various towers' foundation at various locations, which are already completed. Further, there are two existing Page 9 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined 220 Kv DC transmission lines already passing through the land of the petitioners and therefore also, the respondent No.3 has to comply with the Rule 87(3) & (6) of the Indian Electricity Rules, 1956 which mandate the minimum height clearance between crossing lines and also mandate minimum not less than 60 degree angle crossing between two power lines. The realignment, as proposed by the petitioners, will result in violation of permissible angle of deviation at the preceding and succeeding towers. Further, the transmission line, which is passing through the land of the petitioners requires a clear corridor of 67 meters on either side from the center of the transmission line and the land below the same can be utilized. The said transmission line is purported not to have any impact on human beings, animals, plants etc. beyond the statutory clearance/norms. Therefore, in the given circumstances, the action of the respondent No.3 in not accepting the proposal of the petitioners to shift the transmission line is a considered decision in view of the facts noted and the reasons given by the respondent No.3 to the representation of the petitioners by communication dated 07.12.2024.
11. The learned senior counsel for the petitioners that the petitioners Mr. R. R. Marshall submitted that the petitioners have obtained N.A. permission for the land in question and that they are in the process of establishing an industrial park. The learned senior counsel Mr. Kamal Trivedi appearing for the respondent No.3 submitted that after the impugned order dated 30.08.2024 came to be passed under section 16(1) of the Indian Telegraph Act, 1885, the petitioners have filed an application seeking N.A. permission for industrial purpose with respect to survey No.81 admeasuring 1,29,795 sq. mtrs., which is an open land without any construction. Before applying for N.A. permission, the petitioners are very well aware of the location of Tower No.217/0 in the said survey No.81. The learned senior counsel submitted that in the prescribed format of application seeking N.A. permission, the petitioners have clearly stated that no construction has per the approval plan has been carried out. Further, the N.A. Permission for industrial Page 10 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined purpose in respect of the land bearing survey No.81 has not been granted till date and the same will be granted subject to erection of transmission tower and passing of overhead transmission line. The learned senior counsel has submitted that N.A. order for block No.93/paiki (survey No.81) in respect of 83,312 sq. mtrs. land was granted on certain conditions and the specific condition No.12 thereon obliges the petitioners to comply with the regulatory provisions with respect to the electric lines passing above or around the said survey number. The learned senior counsel has placed on record the N.A. permission which shows that the condition No.12 has been included in the said N. A.order and will be applicable for rest of the survey numbers also. This factual position has not been disputed by the learned senior counsel Mr. R. R. Marshall appearing on behalf of the petitioners.
12. The learned senior counsel Mr. Kamal Trivedi, in support of the contentions, has relied upon the judgment of this Court in the case of Gujarat State Energy Transmission Corporation Limited vs. Ratilal Maganji Brahmbhatt (Barot) [2020(4) GLR 2642], wherein the learned Division Bench, after considering all the relevant sections of the Telegraph Act, 1885 as well as Electricity Act, 2003, has concluded as follows:-
"58. The final conclusions are as under:-
58.1 The Part III of the Telegraph Act, 1885, deals with the Power to place "Telegraph Lines and Posts" and there are other provisions in the said Act, applicable to all the properties. As seen from the plethora of cases, the powers conferred on the telegraph authority to place and maintain telegraph lines and towers, are traceable to Sections 10, 11 and 14 of the Act, 1885 and by virtue of Section 164 of the Electricity Act, 2003, it is conferred on any public officer, licensee or any other person engaged in the business of supplying electricity.
58.2 As per Clause (c) to Section 10, the authority can Page 11 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined exercise its powers in respect of the property of a local authority only, by obtaining permission of that authority, whereas, no such permission is required in relation to the property of others. Section 10 does not contemplate notice to an owner or occupier of land to show cause against laying of a line and it authorizes the telegraph authority, to place a telegraph line under, over, along or across any immovable property. The proviso makes it clear that the licencee or any other authorised person does not acquire any right, other than that of user of the property. The right conferred on the land owner is only to seek for payment of compensation for any damage sustained by him, by reason of exercise of the powers.
58.3 Section 10 of the Indian Telegraph Act, 1885, confers a legal sanction to a telegraph authority to enter into any private property, subject to the condition that, while entering into the property and during the course of execution of any work, the telegraph authority is under an obligation to cause as little damage, as possible, and shall pay full compensation to all the persons interested for any damage sustained by them, while exercising the powers conferred under Section 10 of the Act.
58.4 When power of the telegraph authority to enter into any private property, is subject to the conditions to cause as little damage as possible, and when there is a provision for payment of compensation, the question as to whether, the said authority should seek for consent from the owner of the property, or provide him an opportunity of hearing before entering into the property, does not arise. However, the land owner may be informed of the work to be executed.
58.5 Since the powers under Section 10 of the Indian Telegraph Act, 1885, can be exercised without acquiring the land in question, once an order is passed by the appropriate government under Section 164 of the Page 12 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined Electricity Act, 2003, the public officer, licensee or any other person engaged in the business of supplying electricity shall be entitled to proceed with the works of placing the electric lines without acquiring the land in question. Usage of the land by the licencee or the authorised person, does not amount to acquisition.
58.6 Section 164 of the Electricity Act, 2003, empowers the State Government to confer, by an order in writing, powers which the telegraph authority possesses under the Indian Telegraph Act, 1885, with respect to placing of the telegraph lines and posts, on any public officer, licensee or any other person engaged in the business of supplying electricity under that Act, for placing of electrical plants and electric lines, in terms of Section 2(20), which defines "electric line", as any line which is used for carrying electricity for any purpose and includes--
"(a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and
(b) any apparatus connected to any such line for the purpose of carrying electricity;"
58.7 The power conferred on any public officer, licensee or any other person engaged in the business of supplying electricity under the Electricity Act, for the abovesaid purpose, may be subject to such conditions, if any, the Government may deem fit to impose and also subject to the provisions of the Indian Telegraph Act, 1885.
58.8 The authorisation, in terms of Section 164 of the Electricity Act, 2003, read with Section 10 of the Indian Telegraph Act, 1885, authorising the public officer or licencee or any other person engaged in supplying electricity, all the powers of the Telegraph Authority, Page 13 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined which includes the power to enter into any private property, subject to the condition that while entering into the property and the public officer or licensee or any other person, authorised under the Act, is under an obligation to cause as little damage as possible, with a guarantee for payment of compensation for the owner of the land or the persons interested.
58.9 Sections 16 and 17 respectively of the Indian Telegraph Act, 1885, do not limit the absolute powers of the telegraph authority to enter into any property for the purpose of enforcement of Section 10 of the Indian Telegraph Act, 1885, read with Section 164 of the Electricity Act, 2003, by which, the public officer or licensee or any other person engaged in the business of supplying electricity under this Act, is empowered to exercise all the powers, for the purpose of placing electrical plant, line, erection of towers, conductors, poles, etc. 58.10 The intention of the Legislature, is to provide electricity, in terms of Section 43 of the Electricity Act, 2003. When the purpose of the Act, is to provide the basic amenity of electricity to the public at large, and if every objection/resistance has to be entertained under Section 16(1) of the Indian Telegraph Act, 1885, then it would render Section 10 of the Indian Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003, meaningless, thereby, the power conferred on the telegraph authority to enter into any property, subject to causing, as little damage as possible, with an assurance of payment of compensation to the damage, if any, would be redundant.
58.11 If Section 16(1) of the Act, has to be construed, conferring a right on the landowner to seek for an opportunity of prior notice or consent, then the very purpose of Section 10 of the Indian Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003, would be Page 14 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined defeated.
58.12 Vis-a-vis Section 185 (2) (b) of the Electricity Act, 2003 and Section 12 (2) of the repealed Indian Electricity Act, 1910, under which the consent of the owner or occupier is essential and on the issue, as to the enforceability of Section 12 of the Act, until the Rules are made under Section 67 of the Electricity Act, 2003, consent of the owner or occupier is necessary, only in the absence of any order, passed under Section 164 of the Electricity Act, 2003.
58.13 Having taken into consideration the relevant provisions of the Indian Telegraph Act, 1885 and Electricity Act, 2003 and analysis of Section 67 and section 164 of the Electricity Act, 2003, the legal position is that, whenever an order is passed by the appropriate Government, in exercise of powers under Section 164 of the Electricity Act, 2003, for placing of electric lines for the transmission of electricity, conferring upon any public officer, licensee or any other person engaged in the business of supplying electricity any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885, with respect to the placing of telegraphic lines and posts for the purposes of a telegraph established by the Government, such public officer, licensee or any other person engaged in the business of supplying electricity, exercises all the powers, as that of the telegraph authority, under the Indian Telegraph act, 1885.
58.14 However, in the absence of such an order under Section 164 of the Electricity act, 2003, if a licensee i.e., a person who has been granted a licence to transmit electricity or to distribute electricity under the Act, proposes to place electric lines, electric plant or other works necessary for transmission or supply of electricity, Section 67 of the Electricity Act, 2003 comes into Page 15 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined operation and consequently, prior consent of the concerned owner or occupier, may be required, under Section 12 (2) of the Indian Electricity Act, 1910.
58.15 The provisions of the Works of Licensees Rules, 2006 made under Section 67 (2) of the Electricity Act, 2003 are in pari materia to Section 12 of the repealed Indian Electricity Act, 1910. The Works of Licensees Rules, 2006 are applicable, only in a case, where the works have been taken up by the licensee, under Section 67 (1) of the Electricity Act, 2003. But Section 67 (1) of the Electricity Act, 2003, as well as the rules made under Section 67 (2) would govern the field, only in the absence of an order, under Section 164 of the Electricity Act, 2003.
58.16 Section 16 states that if there is any resistance or obstruction, the District Magistrate may in his discretion, order that the telegraph authority shall be permitted to exercise all the powers. Further, after such an order, a person offering any further resistance is deemed to have committed offence under Section 188 of the Indian Penal Code. Once the technical feasibility of the project, has been approved by the appropriate Government, by issuing an order under Section 164 of the Electricity Act, 2003, no land owner or person interested can seek for shifting or re-aligning of the route, on the premise that the District Collector-cum-District Magistrate, has the powers to do so. The District Collector has no powers to alter any route or alignment, except to remove the difficulties faced by the licencee or the person authorised, pursuant to the orders issued under Section 164 of the Act.
58.17 If the intention of the Legislature was to seek for consent or permission from every owner and if the right of such owner has to be recognised, in terms of Section 16(1) of the Telegraph Act, due to resistance/obstruction, then the execution of any work or project, would be stopped at every stage. Needless to state that the execution Page 16 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined of works, involving erection of towers and connection of overhead lines, is done, only after a detailed field study, by identifying a feasible route of the proposed transmission line, and while selecting suitable corridors, residential areas to be avoided, span length, the angle of deviation, extent of damage, likely to be caused, while erecting towers, maintenance cost of electric lines and towers and other factors, have to be considered. Public interest, in providing electricity to a large section of people and industrial establishments, etc., has to be given weightage over private interest.
58.18 If the authorities have to recognize the right of obstruction or resistance, in terms of Section 16(1) of the Indian Telegraph Act, 1885, then the moment, any notification is published, all the landowners or interested persons, who have the knowledge of the commencement of any development work, would immediately resist or obstruct the work, and may even seek for re-location or if the towers, posts had already been erected, may seek for re-alignment or removal of towers and plants, erected by the public officer or licensee or any other person, engaged in the business of supplying electricity, authorised to carry out the works, in terms of an order passed by the appropriate Government, under Section 164 of the Electricity Act, 2003.
58.19 When a project involves huge expenditure, erection of many towers at various places and when such project involves, greater public interest, then even a single owner, under the pretext of making objections/resistance, would attempt to stall the process of execution of the project. When entry into any property is legally authorised, with payment of compensation to the land owner, no prior consent is required.
58.20 The Apex Court and other Courts in India, have categorically held that the action of the licencee or the Page 17 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined competent authority, in erecting poles or posts, in the property or drawing lines over the property, does not amount to acquisition of lands and it amounts to only user of the property to the extent indicated and therefore, there is no requirement to intiate any land acquisition proceedings, giving opportunity to the land owners, when execution of the work, is ordered under Section 164 of the Act and accordingly, carried out by the licencee or any other competent authority.
58.21 Even if any Court issues any directions to consider the representation of any land owner or person interested, such directions are required to be considered only to the limited extent of payment of compensation, to be given by the licencee or the competent authority and the directions issued, if any, would not empower the District Collector- cum-District Magistrate, to pass any order, contrary to the orders, passed under Section 164 of the Act.
58.22. When the appropriate Government passes an order under Section 164 of the Act, the Collector is bound by the said order, and he is not superior to the Government, to hold that the Government has erred in passing an order, under Section 164 of the Act, authorising the licencee or the competent authority to carry out the work, in the route, which involves Techno Economic Consideration.
58.23 The Act confers powers to the Telegraph Authority to determine the property over which the lines are to pass or posts to be erected. The powers of the District Magistrate under Section 16(1) of the Indian Telegraph Act, 1885, does not extent to any adjudication, as to from where and how, the line has to be drawn over any specific item of the property or where posts have to be erected or not, in any specific item of the property.
58.24 The Power of the District Magistrate is confined Page 18 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined only to the extent of exercising his discretion in granting permission to the Telegraph Act, to execute the work, when an application is made by the licencee or the competent authority.
58.25 Section 10 of the Indian Telegraph Act gives legal sanction to the licencing authority to enter into any property, to lay poles or posts or draw electric lines. But while doing so, the damage of the property should be less. If there is any resistance, the licencee or the authorised person may approach the District Magistrate-cum-District Collector, to grant permission.
58.26 Once the power is conferred on the licencee or any other competent authority, there can be no objection to the implementation of the scheme, on the principles of natural justice or on the ground of unauthorised use of the land.
58.27 The legislature has conferred powers on the appropriate Government to authorize a public officer or a licencee, etc., under the Electricity Act to exercise the specific powers of an authority under the Indian Telegraph Act, 1885. The authorisation may be general in favour of a transmission company or in a given case, special. The route is decided by the transmission company. The decision to mark a route for laying an electric line is a highly specialized and technical. At that time, it is unrelated to any specific land owner. The route may be for over hundreds of kilometers passing over Government lands, lands of local authorities and private lands and it may not be practicable to hear the land owners along the entire route.
58.28 Having regard to the specialized and technical nature of the task, and the fact that the lines are laid for distribution of electricity, it is the view of this Court that, Page 19 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined the Legislature has not provided for any notice or hearing to the public at large, or to the land owners. Therefore, when the appropriate Government authorises a person or any body under the Electricity Act, to exercise the powers of the Telegraph Authority, all the powers under the Indian Telegraph Act, 1885, are meant to be exercised.
58.29 The Electricity Act, 2003, is a progressive enactment, with a specific purpose of providing electricity to a large number of people, across the country, to promote industrial and sustainable development in all walks of life. Right of a land owner to possess and enjoy the property, though recognised as a Constitutional Right, under Article 300-A of the Constitution of India, such right has to yield to the Articles 14 and 21 respectively of the Constitution of India, which strive to achieve the Constitutional Goals, enshrined in the basic structure of the Constitution of India. [see T. Bhuvaneswari vs. The District Collector cum District Magistrate, Erode District, Erode, W.P. No.18548 of 2013, decided on 19.11.2013] The said decision came to be challenged before the Hon'ble Apex Court by way of Special Leave Petition No.51 of 2021 which came to be dismissed vide order dated 01.02.2021."
[12] Keeping in mind the aforesaid, in my view, the issue raised in the present petition is no more res integra. All the contentions raised by the petitioners of the very construction of Transmission lines has already been dealt with by this Court and held to be legal and proper. Learned advocate Mr. Parekh for the petitioners could not able to show any other material so as to take a Page 20 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025 NEUTRAL CITATION C/SCA/7337/2025 ORDER DATED: 07/07/2025 undefined different view by this Court. Accordingly, the present petition deserves to be met with the same fate and is hereby dismissed. Rule is discharged.
[13] Needless to clarify that so far as the aspect of adequacy of compensation is concerned, it will be open for the petitioners to approach the concerned District Court under the provisions of Section 16(3) of the Indian Telegraph Act. If the petitioners file any application under the provisions of Section 16(3) of the Act, the concerned District Court shall decide the same in accordance with law without being influenced by the order passed by this Court. It is clarified that time consumed in pursuing the present petition shall be treated as bona fide litigation.
(NIRAL R. MEHTA,J) CHANDRESH Page 21 of 21 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:38:09 IST 2025