IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHT DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 14125 of 2005 Between: 1 Kona Kondaiah S/o Chellaiah Singavaram Village, Gurugu Bheemavaram Gram Panchayat, Tallapalem Post, Kasimkota Mandal, Visakhapatnam District 2 Kona Tatayyalu S/o Kondaiah Singavaram Village, Gurugu Bheemavaram Gram Panchayat, Tallapalem Post, Kasimkota Mandal, Visakhapatnam District 3 Kona Raju Demudu S/o Kondaiah Singavaram Village, Gurugu Bheemavaram Gram Panchayat, Tallapalem Post, Kasimkota Mandal, Visakhapatnam District 4 Kona Chellaiah S/o Kondaiah Singavaram Village, Gurugu Bheemavaram Gram Panchayat, Tallapalem Post, Kasimkota Mandal, Visakhapatnam District ..... PETITIONERS AND The Chief Manager, The Power Grid Corporation of India Vievers Colony, Korukonda Road, Rajahmundry .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ order or direction in the nature of Mandmaus declaring the inaction of the respondnet herein in not taking action on the recommendation of Mandal Revenue Oﬃcer, Kasimkota in Rc. NO. 66/05-A, dated 23-3-2005 nor on the representation of the petitioenrs dated 3-3-2005 for payment of compensation of Rs. 1,00,000/- eaxh so as to enable the petitioenrs to vacate the residentialhouse situated insingavaram vilalge in G. Bheemavaram Gram Panchayat, Kasimkota mandal, visakhapatnam District due tothreat of electricution of the high tension wires toughing the petitioner's residential houses between pole NOs. AP-43 and AP-44 of the respondent department as being illegal, unjust arbitrary and violative of Article 14 and 21 of the constitution of India and pass such other order or orders in the circumstances of the case. Counsel for the PetitionerS:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent: MR.V.AJAYAKUMAR The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14125 of 2005 ORDER: The petitioners are residents of Singavaram Village. They own an extent of 0.22 in survey No.101 situated in said Village. They constructed a small house. The Power Grid Corporation of India Limited (PGCI), respondent herein, erected high-tension transmission line allegedly passing on the house of the petitioners. They further allege that the electric wires are passing almost touching the house and pose a constant threat of getting elocuted. They, therefore, ﬁled an application on 14.02.2005 before revenue oﬃcials. The Mandal Revenue Oﬃcer (MRO), Kasimkota, called for a report from the Panchayat Secretaries. After receiving report, MRO addressed a letter to PGCI informing that HT power line wires are running through residential huts, and therefore, he requested PGCI to arrange compensation to four families in a sum of Rs.1,00,000/- each family. Complaining inaction on said report, the petitioners ﬁled instant writ petition seeking a writ of Mandamus for declaration and appropriate orders. The matter is coming up for interlocutory orders today. But the writ petition itself is being disposed of ﬁnally with the consent of the counsel for both sides. The Manager, PGCI, Rajahmundry, filed a counter-aﬃdavit stating as follows. In exercise of powers under Section 38(1) of the Electricity Act, 2003 (Electricity Act, for brevity), Government of India notiﬁed PGCI as central transmission utility, vide notiﬁcation dated 27.11.2003 and as per Section 14 of Electricity Act, PGCI shall be deemed to be transmission licensee. Under Section 164 of Electricity Act appropriate Government can confer powers of telegraphic authority under the Indian Telegraphic Act, 1885 (Telegraphic Act, for brevity) upon the licensee for placing of electrical lines or electrical plant for transmission of electricity. Accordingly Government of India by an order/notiﬁcation dated 24.12.2003 conferred powers on PGCI to exercise all powers under Telegraphic Act, which enables PGCI to take necessary action for laying power lines under Electricity Act and Sections 10 to 19 of Telegraphic Act. While ﬁxing transmission line route, most techno-economically feasible route is chosen avoiding places of inhabitation, worship and densely populated areas. Transmission line requires a clear corridor of 48 meters only i.e., 24 meters on either side from the center of the transmission line. All the crops can be cultivated and fruit bearing trees of short height can be grown. Transmission line would not have any impact on human beings, animals, plants etc. or on the geological or ecological system beyond the statutory clearance/norms provided by the Indian Electricity Rules, 1956 (Electricity Rules, for brevity). PGCI has been entrusted with the construction of Vijayawada to Gajuwaka 400 KV D/C Power Transmission Line Ckts 2&3 comprising 838 towers with a length of 314.718 kms connecting Vijayawada Sub-Station to Gajuwaka Sub-Station to provide quality power to agricultural/residential/commercial establishments in the Districts of Krishna, East and West Godavari and Visakhapatnam. Therefore, the process undertaken by PGCI is for public purpose. While denying the petitioners allegations it is further stated that during survey prior to erection of the tower relating to Vijayawada-Gajuwaka 400 KV D/C line Ckt 2&3, oﬃcials of PGCI including Chief Manager, Rajahmundry, met ﬁrst petitioner and his family and with their concurrence only out of all the possible alternatives positioning the tower AP43/0 at the present location was decided. The petitioners’ hut is situated at a distance of 80 meters away from the tower and there is a clearance of 11.5 meters. In view of this the enquiry conducted by MRO and the communication issued by him are under law. This Court heard learned counsel for the petitioners and learned counsel for PGCI. A perusal of various provisions of Electricity Act and Telegraphic Act would show that no such power vests in MRO to conduct enquiry or order compensation. When once the powers of telegraphic authority conferred on PGCI, it is well within the powers of PGCI to lay power lines in accordance with Electricity Rules. In B.Krishna Mandadi v Power Grid Corporation of India Limited, Hyd.[1] considering the provisions of the Indian Electricity Act, 1910, as well as Telegraphic Act, this Court, after referring to H. Bhadur Singh v A.P.S.E.B. [2], Bhaskara Housing (P) Ltd. v A.P.S.E.B. [3] and Superintending Engineer v Thangaprakasam[4], laid down as under. The conspectus of reading provisions referred to hereinabove would be this. A generating company engaged in generation, transmission and supply of electricity is empowered under the provisions of Electricity Act to lay electric poles, construct transmission towers on any private land without giving any notice and without causing damage to the property provided there is a scheme published as required under Section 28. Even while erecting transmission lines, if any damage is caused, by reason of Section 10 of the Telegraph Act read with Section 42(1) and (2) of the Electricity Act, a generating company has to pay compensation for the damage sustained by the owners of the land or owners of the crops. In view of the above, the writ petition is misconceived and the petitioners cannot enforce an order issued by MRO, who has no authority to advise PGCI to pay compensation. Therefore, the writ petition is dismissed. No costs. _____________ (V.V.S.RAO, J) 08th September, 2008 GHN To 1. The Chief Manager, The Power Grid Corporation of India Vievers Colony, Korukonda Road, Rajahmundry 2. 2CD copies Form-NIC-OGS/WP{TRT} [1] 2003(5) ALD 194 [2] 1991(1) ALT 7 [3] 1998(6) ALT 436 = 1998(6) ALD 781 [4] AIR 1999 Madras 365