Orissa High Court
Constitution Of India) vs State Of Odisha And Others ... Opposite ... on 27 April, 2026
Author: B.P. Routray
Bench: B.P. Routray
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.180 of 2026
(In the matter of an application under Article 226 & 227 of the
Constitution of India)
Binod Bihari Sahu and others ... Petitioners
-versus-
State of Odisha and others ... Opposite Parties
Advocate(s) appeared in this case:-
For Petitioners : Mr.J.K.Khuntia, Advocate
For Opposite Parties : Mr.R.Pradhan, ASC
Mr.G.Mukherjee, Sr.Advocate
(For O.P.No.4)
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
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Date of Hearing : 5th March 2026
Date of Judgment : 27th April 2026
--------------------------------------------------------------------------------- B.P. Routray, J.
1. Heard Mr.J.K.Khuntia, learned counsel for the Petitioners and Mr.G.Mukherjee, learned Senior Counsel for Opposite Party No.4 as well as Mr.R.Pradhan, learned Additional Standing Counsel for the State-Opposite Parties 1 to 3.
2. The Petitioners are the villagers of revenue village Sabalabhanga Jungle and have prayed for a direction to the WPC No.180 of 2026 Page 1 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 Opposite Parties not to construct the transmission tower over their revenue village under Angul Tahasil on the ground that said village is not included in the proposed area for construction of transmission tower. It is the case of the Petitioners that initially M/s. Monnet Power Company Ltd. („MPCL‟) was assigned with the work of construction of transmission line from Thermal Power Plant at Malibrahamani to Pooling Station, i.e. Power Grid Corporation of India Ltd. („PGCIL‟) at Phulpara. Subsequently, said MPCL having been bankrupted, present Opposite Party No.4, i.e. Jindal Steel & Power Plant Ltd. („JSPL‟), acquired the same in the auction sale through liquidation process conducted by the National Company Law Tribunal and Opposite Party No.4 („JSPL‟) came to picture thereby with effect from 10th February 2023.
3. The India Gazette Notification dated 13th June 2013 in this regard has mentioned eighteen revenue villages without including the revenue village Sabalabhanga Jungle. It is submitted that Sabalabhanga Jungle comes in between village Balasingha and Sardhapur named at Serial No.7 & 11 of the Gazette Notification respectively. So, it is alleged by the Petitioners that Opposite Party No.4 is forcibly constructing transmission tower and lines over WPC No.180 of 2026 Page 2 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 different plots of revenue village Sabalabhanga Jungle without inclusion of the same in the proposed villages and without giving any compensation.
4. Mr.Mukherjee, learned Senior Counsel for Opposite Party No.4 submits that after taking over MPCL by Opposite Party No.4 with effect from February, 2023, since all such documents were not handed over to them, they applied for a fresh revised permission on 25th July 2025 as per the permission granted to the then MPCL and based on the same, the Collector-cum-District Magistrate, Angul vide its letter dated 30th October 2025 has granted the required permission in respect of the villages Paranga, Bhubanpur, Mukundapur, Nisha, Malibrahmani, Phulpara, Paratara, Benagadia, Hanadhia, Inkarabandha, Surab, Kangula, Brahamanapasi, Chheliapada, Baluakata, Sabalabhanga, Balarampur, Saradhapur, Panchamahala, Musapapuli, Rantalei, Chandrabhal and Podhakhamana.. He further submits that non-inclusion of revenue village Sabalabhanga Jungle is mainly due to some confusion with the revenue village Sabalabhanga. Nonetheless, by virtue of wide definition contained in Gazette Notification dated 13th June 2013 containing the words that, "The transmission line covered under the WPC No.180 of 2026 Page 3 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 scheme will pass through, over, around and between the following villages, towns and cities", revenue village Sabalabhanga Jungle is being included, which falls in between the village Balasingha, Saradhapur and Balarampur. He also refers the map in that respect to demonstrate the line to fall within village Sabalabhanga Jungle. Apart from this, it is also submitted on behalf of Opposite Party No.4 that the towers were already constructed by the then MPCL, which includes three towers, i.e. Tower No.39, 40 & 41, already constructed in revenue village Sabalabhanga Jungle in the year 2014-2015. Therefore, after getting revised permission from the Collector-cum-District Magistrate, Angul on 30th October 2025, the only work left with present Opposite Party No.4 is to string the transmission line between the towers and thus no question of forcible occupation of the land in respect of revenue village Sabalabhanga Jungle is done. Rather the transmission lines are to be stringed between the towers only. Mr.Mukherjee further submits that in the event any land of village Sabalabhanga Jungle is to be affected by such drawing of transmission lines, then the owners thereof are certainly entitled for due compensation. WPC No.180 of 2026 Page 4 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11
5. Section 164 of the Electricity Act authorizes appropriate government to invoke the provisions of India Telegraph Act, 1885 for placing electric lines, for transmission of electricity, by exercising any of such powers the Telegraph Authority possesses under that Act in respect of placing telegraph lines and posts. Section 67 of the Electricity Act, 2003 prescribes the provisions as to opening up of streets, railways, etc. for laying electric poles and lines.
6. A conjoint reading of section 164 and 67 of the Electricity Act, it is conceived that whenever an order is passed by appropriate government in terms of Section 164 with respect to the placing of Electric lines and posts, such officer, licensee or any other person conferred with the powers of Telegraph Authority under the Indian Telegraph Act stands at the same position regarding exercise of power as the authority under the Indian Telegraph Act. But if a licensee proposes to place electric lines necessary for transmission or supply of electricity, section 67 of the Electricity Act mandates to obtain the consent of the concerned owner or occupier of the land as required under Section 12(2) of the Indian Electricity Act.
7. In Power Grid Corporation of India Limited v. Century Textiles and Industries Limited and Others, (2017) 5 SCC 143, the WPC No.180 of 2026 Page 5 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 Hon‟ble Supreme Court have held that 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. The relevant observation at paragraph 21 of the above cited decision is reproduced below:-
"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 Indian 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 Indian Telegraph Act, 1885, it acquires all such powers which are vested in a telegraph authority under the provisions of the Indian Telegraph Act, 1885 including power to eliminate any obstruction in the laying down of power transmission lines. As per the provisions of the Indian 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 Indian Telegraph WPC No.180 of 2026 Page 6 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 Act, 1885 empowering the licensee to lay telegraph lines, applied the same, as it is, for laying down the electricity transmission lines."
8. Power under section 10 of the Indian Telegraph Act, 1885 can be exercised without acquiring the land in question, which is to the effect that there will be the right of user only in the property and for such purposes mentioned therein. So the provisions under Section 164 of the Electricity Act, read with Section 10 of the Indian Telegraph Act recognizes the absolute power of the public officer or the licensee or any other person authorized in that behalf to proceed with placing of electricity supply lines or electric towers for transmission of electricity on and over the private lands, saving the right of the owner/ occupier to claim compensation, if any, for the damages sustained by raising or placing of the electric supply lines. So the acquisition of land is neither necessary nor there is any need for consent of the owner or occupier. In other words, in exercise of power under Section 164 of the Electricity Act, read with Section 10 of the Telegraphs Act, the acquisition of any land is not required and such use of the land for the purpose of laying electric lines would entitle the owner/occupier to get compensation for the damages sustained by him. WPC No.180 of 2026 Page 7 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11
9. The Karnataka High Court in S.M. Rao v. State of Karnakata, AIR 1999 Karnataka 475, have observed as follows:-
"17. The next contention is that Section 28 notification has not been duly published. As said earlier it is not an acquisition proceeding. The electrical line is being drawn for the supply of power to the consumers. It is sufficient to inform the public indicating the village through which the line is being drawn. As a matter of fact, the definite area on which the Tower etc., are to be placed can be known only after a spot inspection is made and viability is worked out. But I should certainly hasten to add, that if the Sy. Nos. in the village are also indicated, that will make the notification more precise. Such details will also inform the affected person to arrange his affairs. But, absence of these details are not fatal. When the line has to travel a long distance as in this case, non-mention of the Sy. Nos. is not certainly fatal. Many a time drawing of the line depends on the soil condition and other local situation as well. If that be so they cannot in advance contemplate as to through which property the line will have to be drawn. They need only say as to the village through which the line is being drawn. That has been complied in this case, and as such there is substantial compliance of the statute."
"20. The other contention urged, namely that consent of the owners of the land through which the line travel was not secured by respondents 4 and 5 before laying the poles and towers to draw the electric line WPC No.180 of 2026 Page 8 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 recedes to background, when we remember that the line is being drawn in exercise of the powers conferred, under the Section 51 of the Electricity Act read with Sections 10 and 16 of the Telegraph Act. If there is an order in this behalf, then no consent is called for."
10. In the given case at hand, it is the allegation of the petitioners that opposite party no.4 by changing the route alignment map has diverted from the approved route to run the electric lines through village Sabalabhanga Jungle without specific mention of the same in the gazette notification under Annexure-3. It is also stated by the petitioners that village Sabalabhanga Jungle was not included in the aligned route map but opposite party no.4 is diverting the route on their own without any approval and notification made by the appropriate government.
11. It is true that the right to place transmission lines and transmission towers over the private land arose only upon lawful conferment of power under Section 164 and 67 of the Electricity Act, read with the provisions of the Indian Telegraph Act, 1885, on such officer, licensee or any other person. Gazette notification under Annexure-3 speaks and mentions the villages Talamulsasan (Naupal), Durgaprasadpur, Kansara, Pandapur, Hanadhia, Surab, Balasingha, WPC No.180 of 2026 Page 9 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 Cheliaparha, Amantapur, Lingarajodi, Saradhapur, Panchumahala, Karadgadia (Mandiapasi), Kushsingha, Jarsingha, Bedshar, Parang and Nisa covering the Tahasils of Banarpal, Angul and Chendipada.
12. The Gazette Notification dated 13th June 2013 of Government of India in the Ministry of Power (Annexure-3 to the counter of Opposite Party No.4) and 25th July 2013 as annexed to the affidavit of the Collector, the Government of India granted approval under Section 68 of the Electricity Act, 2003, in exercise of power under Section 164 of the Electricity Act read with the provisions of Indian Telegraph Act, 1885 for construction of dedicated transmission line covered under the scheme to pass through, over, around and between the villages namely, Talamulsasan (Naupal), Durgaprasadpur, Kansara, Pandapur, Hanadhia, Surab, Balasingha, Cheliaparha, Amantapur, Lingarajodi, Saradhapur, Panchumahala, Karadgadia (Mandiapasi), Kushsingha, Jarsingha, Bedshar, Parang and Nisa covering the Tahasils of Banarpal, Angul and Chendipada, subject to such conditions as enumerated in the said notification. Admittedly, the village Sabalabhanga Jungle is not included in the list of villages. After taking over MPCL by Opposite Party No.4 through liquidation process, where Opposite Party No.4 entered into the picture in WPC No.180 of 2026 Page 10 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 February 2023, he wrote a letter to the Collector, Angul on 25 th July 2025 praying revised permission for taking up construction activities for complete drawing of the 400KV DC Line. Pursuant to same, the Collector, Angul vide order dated 30th October 2025, (Annexure-E/3) granted necessary permission in favour of Opposite Party No.4 to carry out such construction activities to complete the transmission line in terms of Section 10(d) of the Indian Telegraph Act, 1885. The Collector in his order dated 30th October 2025 has permitted for construction of the transmission line over Government and private lands of villages namely, Paranga, Bhubanpur, Mukundapur, Nisha, Malibrahmani, Phulpara, Paratara, Benagadia, Hanadhia, Inkarabandha, Surab, Kangula, Brahamanapasi, Chheliapada, Baluakata, Sabalabhanga, Balarampur, Saradhapur, Panchamahala, Musapapuli, Rantalei, Chandrabhal and Podhakhamana. The list of villages appearing in the order of the Collector includes five more villages than named in the Indian Gazette Notification dated 25th July 2013. The Petitioners contend, without questioning or disputing the issuance of Gazette Notification or the order of the Collector, that, their village Sabalabhanga Jungle has not been included in the original aligned route map or revised list of villages given in the order of the Collector, and Opposite Party No.4 is drawing transmission line WPC No.180 of 2026 Page 11 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 through their village and illegally constructed towers. Here, it needs to be mentioned that as per the admission of Opposite Party No.4, tower no.39, 40 & 41 have already been constructed by the then MPCL since long on the lands of revenue village Sabalabhanga Jungle. Opposite Party No.4 further states that a total 118 towers are to be installed for the project, out of which most have been erected and foundation for the rest have either been laid or to be laid. The contention of Opposite Party No.4 that already three towers have been installed over the land in village Sabalabhanga Jungle is not denied by the Petitioners.
13. The geographical map as produced by both parties in course of hearing reveals that between village Balasingha and Saradhapur, village Baluakata comes in West direction. To the North West of village Baluakata, village Sabalabhanga and Sabalabhanga Jungle lies and village Sardhapur is there to the North of village Sabalabhanga. Admittedly, village Baluakata, Sabalabhanga and Saradhapur are included in the order of the Collector dated 30th October 2025. It is specifically mentioned in the Gazette Notification that the transmission line covered under the Scheme will pass through, over, around and between such villages listed therein. WPC No.180 of 2026 Page 12 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11
14. It goes without saying that the project of drawing transmission line is utmost public importance and in the interest of larger public. The terms and conditions as provided in the Gazette Notification read with the order of the Collector dated 30th October 2025 includes the condition that the licensee shall do as little damage as possible and shall pay full compensation to all persons interested for any damage sustained by them by reason of exercise of completion of transmission line. Section 10(b) of the Telegraph Act makes it clear that while acquiring the power to lay down telegraph lines, the appropriate Government does not acquire any right other than that of user in the property and it obliges the authority to ensure to cause as little damage as possible along with payment of full compensation to the person interested for any damage sustained. However, in the given facts of the present case, almost the towers have either been constructed or foundation have been made thereof.
15. It is not the case of the Petitioners that Opposite Party No.4 is not empowered to exercise authority in terms of Section 164 of the Electricity Act read with the Provisions of the Indian Telegraph Act. It needs to be mentioned that such provisions of Indian Telegraph Act, which are to be exercised through Section 164 of the Electricity Act WPC No.180 of 2026 Page 13 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 with regard to laying of high tension electric line and towers for transmission of electricity over the land belonging to private as well as Government, undoubtedly, the erection of towers and drawing of electric lines would be subject to the right of owner of the land, who claimed compensation for such damage sustained by him by the reason of lying such high tension electric lines. In other words, the lands of the owners are not required for acquisition but only right to use is created in favour of the authority to construct and draw electric lines. So far as omission of the Petitioners‟ village in the notification is concerned, which is the bone of contention of the Petitioners that, without the same the authorities cannot draw electric line in their land, the same is not found acceptable. The specific language used in the Gazette Notification is that the electric line and construction „will pass through, over, around and between the villages‟. The phrase "around and between" has a wider connotation to include such other village coming in between the notified villages or towns. The name of each and every village or specific area, through which the line is to be laid would form a part of the alignment route, is not required necessarily to be mentioned with details in the notice or notification. The purpose of notification is to broadly describe the area through which the proposed overhead transmission line would pass. So, the words WPC No.180 of 2026 Page 14 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 "around and between" include, in the opinion of this Court, the adjacent villages of a notified village. As stated earlier and seen from the geographical map, when village Sabalabhanga Jungle is adjacent to village Sabalabhanga and falls in between the route from Baluakata to Sabalabhanga and to Sardhapur, non-mentioning of village Sabalabhanga Jungle does not materially affect drawl of overhead transmission line. Of course, the owner for such lands are entitled for receipt of full compensation in respect of the damage, if any, sustained by them due to the erection of tower and drawing of high tension electric lines. Thus, all such contentions raised by the Petitioners to protest the drawing of overhead electric lines in village Sabalabhanga Jungle are unwarranted and unnecessary.
16. The other contention of the Petitioners regarding approval of Power and Telecommunication Coordination Committee (PTCC) is not justified. It is for the reason that as per PTCC Manual, 2010, the route map with topographical details are required to be submitted before charging transmission line and such stage has not appeared yet. No justification put forth by the Petitioners to deny the alignment route of drawing of electric transmission lines as not the most optimum route or unsuitable, and the Petitioners are also not WPC No.180 of 2026 Page 15 of 16 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack.
Date: 27-Apr-2026 20:22:11 authorized to object the drawl of transmission line. At the same time, if any damage is caused to the owners of the properties due to drawing of transmission line or erection of towers, they are certainly entitled for appropriate compensation.
17. In the result, the writ petition is disposed of rejecting the prayer of the Petitioners, with direction that for such damages caused, if any, by drawing the electric transmission line or erection of towers in any private land of village Sabalabhanga Jungle, the authority should pay appropriate compensation to them accordingly.
( B.P. Routray) Judge C.R.Biswal, A.R.-cum-Sr.Seretary M.K.Panda, P.A. WPC No.180 of 2026 Page 16 of 16