IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21895 of 2003 Between: Desam Rohini Devi. … Petitioner And 1. The Superintending Engineer, T.L. & S.S. Circle, AP TRANSCO, Gunadala, Vijayawada. 2. The Divisional Forest Officer, Krishna Division, Vijayawada. … Respondents. The Court made the following: HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21895 of 2003 ORDER: - In terms of the amended prayer in this writ petition, the petitioner seeks direction by way of Mandamus to direct the first respondent to pay compensation for full maturity value of the teak trees which were lying in the land of the petitioner covered by survey Nos.154/1, 155/3 and 157/1 of Telladevarapalli village of G.Kondur Mandal, Krishna District. Petitioner seeks direction for such payment of compensation on the allegation that the said trees were cut by the first respondent to provide 220 MW Electric lines from Kondapalli to Chillakallu. She stated in the affidavit that though she has objected for such cutting of the trees, the respondents have cut the trees for laying the lines and in spite of the representation, no compensation is being fixed. In support of this allegation, the petitioner seeks to rely on a letter addressed by the Assistant Divisional Engineer, AP Transco, Gunadala to the Superintending Engineer, TL & SS Circle, AP Transco, Gunadala. A detailed counter-affidavit is filed by the superintending Engineer-respondent No.1. In the counter-affidavit, while denying the various allegations of the petitioner, it is stated that the 220 kv Kondapalli – Chillakalu DC Line towers were erected in 1989 and line was strung and charged with 132kv potential, subsequently the line was charged with 220 kv potential in 1997. The teak tress were trimmed for maintaining the lines. As such, the petitioner is not entitled for any compensation. While referring to certain provisions of the Indian Electricity Act, it is also stated in the counter-affidavit that on 10.10.2001, when the maintenance works were going on, the Assistant Divisional Engineer, EHT Lines of A.P.TRANSCO, Gudivada was forcefully taken by the petitioner to her house and obtained an undertaking under coercion with an intention to demand compensation with that letter. It is also stated that the trees were trimmed, as a part of maintenance, to avoid conduct with the live conductor otherwise it would endanger to human lives and properties. From the counter-affidavit, it is clear that the lines were laid in the year 1989 itself. It is categorically stated in the counter-affidavit that the said teak plantation of the petitioner was not existing when the lines were laid in the year 1989. When the maintenance works were going on, to maintain the lines, the respondents have trimmed the growth of the trees. This writ petition is filed in the year 2003. In view of the fact that there was no existing teak plantation at the time of laying of the lines, petitioner is not entitled to seek any compensation. Even the communication, which is sought to be relied on by the petitioner, is not helpful to her, more particularly, in the light of the explanation offered by the respondent in the circumstances under which the undertaking was obtained from the Assistant Divisional Engineer of A.P.Transco. Further, it is also to be noted that the lines were laid in the year 1989, and there was no objection from the petitioner even after 2003 and nearly after a decade the petitioner has made a belated claim by filing the present writ petition, without offering any explanation for the inordinate delay and latches. In any event, as the teak growth was not cut for the purpose of laying the lines as alleged by the petitioner, I do not find any merit in the writ petition for grant of directions for awarding compensation. Accordingly, the Writ petition is dismissed. There shall be no order as to costs. ________________________ R.SUBHASH REDDY, J. 06.10.2009. Lmv