Karnataka High Court
Channabasamma vs Union Of India on 1 June, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.18794/2017 (GM-RES)
BETWEEN:
1. CHANNABASAMMA
AGED ABOUT 66 YEARS
W/O LATE G S SHIVANNA
13TH CROSS, SIT EXTENSION
TUMAKURU-572 102
2. RAMEGOWDA
AGED ABOUT 74 YEARS
S/O LATE VENKATANARASIMHAIAH
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
3. G SRINIVASA
AGED ABOUT 62 YEARS
S/O LATE GIRIYAPPA
HOSAPALYA, ADUGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
4. RATHNAMMA
AGED ABOUT 43 YEARS
W/O LATE HANUMANTHAPPA
HOSAPALYA MAJARE
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
5. MANJULA
AGED ABOUT 38 YEARS
W/O LATE VENKATEGOWDA
HOSAPALYA MAJARE
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
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6. H V SIDDEGOWDA
AGED ABOUT 45 YEARS
S/O LATE VENKATAPPA
HOSAPALYA MAJARE
ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
7. H V SHIVAKUMAR
AGED ABOUT 52 YEARS
S/O LATE VENKATAPPA
HOSAPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
8. TIRUMALAIAH
AGED ABOUT 70 YEARS
S/O LATE NINGAPPA
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
9. H K SHIVANNA
AGED ABOUT 71 YEARS
S/O KENCHAIAH
KALLIPALYA MAJARE
HOSPALYA, ADAGURU POST-572 223
GUBBI TALUK, TUMAKURU DISTRICT
10 . RANGAMANI
AGED ABOUT 57 YEARS
W/O H K SHIVANNA
HOSPALYA MAJARE
ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
11 . VENKATESH
AGED ABOUT 51 YEARS
S/O LATE HANUMAIAH
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
12 . RANGAMMA
AGED ABOUT 66 YEARS
W/O LATE BASAVAIAH
KALLIPALYA, SINGONAHALLI
3
ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
13 . GANGANNA
AGED ABOUT 61 YEARS
S/O LATE GOVINDAPPA
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
14 . LAKSHMAIAH
AGED ABOUT 64 YEARS
S/O LATE NINGAPPA
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
15 . SANNAMMA
AGED ABOUT 55 YEARS
W/O LATE VENKATANARAISMHAIAH
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
16 . LAKKAMMA
AGED ABOUT 71 YEARS
W/O KADAREGOWDA
KALLIPALYA, ADAGURU POST-572 223
GUBBI TALUK, TUMAKURU DISTRICT
17 . BOREGOWDA
AGED ABOUT 60 YEARS
S/O LATE THIMMAPPA
KALLIPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
18 . NAGARAJU
AGED ABOUT 51 YEARS
S/O LINGAPPA
KALLIPALYA MAJARE
HOSAPALYA, ADAGURU POST-572 216
KASABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT
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19 . KANTHARAJU
AGED ABOUT 40 YEARS
S/O NARAYANAPPA
KALLIPALYA MAJARE
ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
20 . H N GOVINDARAJU
AGED ABOUT 63 YEARS
S/O LATE NANJUNDAPPA
A K COLONY, KALLIPALYA
ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
21 . MUDLAPPA
AGED ABOUT 61 YEARS
S/O LATE DODDEGOWDA
HOSAPALYA, ADAGURU POST-572 216
KASABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT
22 . PUTTACHOWDAIAH
AGED ABOUT 55 YEARS
S/O LATE KEMPANNA
HOSAPALYA, ADAGURU POST-572 216
KASABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT
23 . H S THIMMAPPAGOWDA
AGED ABOUT 56 YEARS
S/O SIDDAPPA
KALLIPALYA MAJARE
HOSAPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
24 . SAMPANGI RAMAIAH
AGED ABOUT 61 YEARS
S/O LATE CHIKKAMUNIYAPPA
200, NEW NO.5, III MAIN
MUNESHWARA BLOCK
MAHALAKSHIPURAM
BENGALOORU-560 086
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25 . GANGAMMA
AGED ABOUT 74 YEARS
W/O GOIVINDAPPA
KALLIPALYA MAJARE
HOSAPALYA, ADAGURU POST-572 216
GUBBI TALUK, TUMAKURU DISTRICT
26 . CHIKKAMMA
AGED ABOUT 60 YEARS
W/O THATHAYYA
149, HOSAPALYA-572 216
GUBBI TALUK, TUMAKURU DISTRICT
...PETITIONERS
(BY SRI.VINAYA KEERTY.M., ADV.)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF POWER
SHRAMA SHAKTHI BHAVAN
RAFI MARG, NEW DELHI-110 001
2. CHAIRMAN AND MANAGING DIRECTOR
POWERGRID N M TRANSMISSION LTD
REGISTERED OFFICE AT B-9
QUTAB INSTITUTIONAL AREA
KATWARIA SARAI
NEW DELHI-110 016
3. POWERGRID N M TRANSMISSION LTD
SOUTHERN REGION TRANSMISSION
SYSTEM-II RHQ
NEAR RTO DRIVING TEST TRACK
SINGANAYAKANAHALLI
YELAHANKA HOBLI
BEGNALOORU-560 064
REPRESENTED BY ITS MANAGER
4. POWERGRID N M TRANSMISSION LTD.
765/400/200 KV SUBSTATION
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VASANTA NARASAPURA INDUSTRIAL AREA
STAGE-3, KEMPANADODDERI VILLAGE
THOVINAKERE SUB POST OFFICE-572 138
KORA HOBLI, TUMAKURU TALUK AND DISTRICT
5. THE DEPUTY COMMISSIONER
TUMAKURU DIST. TUMAKURU-572102.
...RESPONDENTS
(BY SRI.SHANTHI BHUSHAN, ASG FOR R-1;
SRI S.H.MARUTHI, ADV. FOR
SRI JOSHUA SAMUEL, ADV FOR R-2 TO R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-2 TO 4 TO IMPLEMENT THE LAYING OF TRANSMISSION
LINE THROUGH THE ORIGINAL ALIGNEMENT AS PER ANNEX-G
I.E., THROUGH NAGAVALLI, ABBATHANA AND VACANT LAND OF
MALLASANDRA NANDINI DAIRY AND ETC.,.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
The petitioners are before this Court under Articles 226 and 227 of the Constitution of India with a prayer for issue of mandamus directing the respondent Nos.2 to 4 to implement the laying of transmission line through the original alignment as per Annexure-G i.e., through Nagavalli, Abbathana and vacant land of Mallasandra Nandini Dairy.
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2. Heard the learned counsel Sri.Vinaya Keerthy.M, for the petitioners, learned Assistant Solicitor General Sri.Shanthi Bhushan for respondent No.1, Learned counsel Sri.S.H.Murthy for learned counsel Sri.Joshua Samuel for respondent Nos.2 to 4 and learned Additional Government Advocate Smt.A.R.Sharadamba for respondent No.5. Perused the writ petition papers.
3. Learned counsel for the petitioners would submit that for the purpose of establishing new 400/200 KV Substation at Madhugiri with 2x500 MVA transformers with provision for establishing 765 KV substation in future in the same switchyard, alignment was drawn via Nagavalli, Abbathana and vacant land of Mallasandra Nandini Dairy. It is also alleged that subsequently, alignment was changed and drawn through the petitioners land. It is the grievance of the petitioners that the petitioners' land are utilized for 8 drawing transmission line without issuing any notices and without any proceedings. Learned counsel further submits that the petitioners' garden land is being utilized and the respondents have damaged the garden land to draw the transmission line. It is contended that the respondent authorities have not followed the guidelines and have not obtained permission of Environmental Committee and have not followed the procedure prescribed.
4. Per contra, learned Assistant Solicitor General Sri.Shanthi Bhushan submits that the writ petition is not maintainable and the petitioners are provided with remedy under Sections 10 and 16 of the Indian Telegraph Act, 1885 ['Act' for short]. Further, he submits that the project has substantially implemented and it is nearing completion. Learned counsel for the respondent Nos.2 to 4 would also submit that the project has nearly come to an end and it is for the 9 petitioners to approach the fifth respondent - Deputy Commissioner by submitting appropriate representation or to submit obstruction petition. Thus, they prayed for dismissal of the writ petition.
5. On perusal of the statement of objections filed by the respondent Nos.2 to 4, it discloses that the respondents had issued public notice with regard to construction of transmission line showing the alignment in the year 2012 itself. Further, it also discloses that certain owners of the land had approached the Deputy Commissioner and the Deputy Commissioner after enquiry under the Act, determined the compensation payable for the tower footing area, for damage to crops and trees for the line corridor area.
6. Section 10 of the Act empowers the 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, 10 and posts in or upon, any immovable property. Clause[d] of Section 10 reads as follows:
"[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."
7. In terms of the above clause, the authorities shall pay full compensation to all persons interested for any damage sustained by reason of exercise of those powers. Section 16 of the Act provides for approaching the Deputy Commissioner of the jurisdiction with regard to sufficiency or otherwise of the compensation. Therefore, it would be appropriate to the petitioners to approach the jurisdictional Deputy Commissioner seeking appropriate relief including the compensation. Hence, the following order:
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[i] Writ petition is disposed of.
[ii] Petitioners are at liberty to make appropriate
representation/petition along with necessary documents to the jurisdictional Deputy Commissioner seeking compensation or otherwise within two weeks from the date of receipt of certified copy of the order. [iii] If such representation is submitted within the time stated above, the fifth respondent - Deputy Commissioner to enquire and pass appropriate orders in accordance with law within three months from the date of submitting representation/petition.
Sd/-
JUDGE NC.