Case: M.D., M/s. Ramakrishna Poultry P. Ltd Vs. R. Chellappan &amp; Others

passed under Section 17 of the Indian Telegraph Act, then any realignment of the transmission line would have to be effected within the plot of the person at whose instance such realignment is sought. The proposed alternate alignment through the land of the Respondent No.1 was not, therefore, permissible and such proposed alternate alignment was liable to be rejected.25. On the other hand, Mr. R. Nedumaran, learned counsel appearing for the State of Tamil Nadu, while supporting the order passed by the District Collector, urged that the erection of the towers for carrying the transmission lines was for the benefit of the public at large who stood to benefit from the energising of the target area for the improvement of the lot of the people of the area. Mr. Nedumaran, however, also pointed out that from the order of the District Magistrate and Collector dated 30th April, 2007, it would be more or less evident that the poultry sheds had been constructed before the proposed route alignment. From the order of the District Collector, Mr. Nedumaran also pointed out that while the appellant had no objection to the power transmission line being taken over its lands, the District Collector had taken into consideration the limited request made on behalf of the Appellant-Company that the route of the power line be diverted in the eastward direction within the limits of its lands instead of passing through the middle of the said lands which would cause extensive damage to its poultry farm. Mr. Nedumaran submitted that the Collector, by invoking his powers under Section 17(3) of the Indian Telegraph Act, 1885, directed the Appellant-Company to realign the transmission lines in such a way that they did not pass directly above the poultry sheds of the Respondent No.1 situated at S.F. Nos.242/2 and 249/3, Nanniyur Village, Karur Taluk.26. On consideration of the rival submissions made on behalf of the respective parties, it is obvious that a balance will have to be achieved between the appellants grievance and both the technical as well as techno ecological feasibility of altering the route of the transmission lines in keeping with the directions given by the District Collector. The simplest and the most ideal solution would have been to alter the route of the transmission lines so that they did not directly pass over the appellants poultry sheds, particularly when the appellant is ready and willing to bear the expenses of such alteration. However, since, according to the Power Grid Corporation and its experts, that would entail a deviation over the lands of the Respondent No.1, R. Chellappan, the same gave rise to the objections raised by R. Chellappan. Keeping aside the technical aspect of the matter as to whether the order passed by the District Collector was one under Sections 16 or 17 of the Indian Telegraph Act, 1885, in order to arrive at a practical solution to the problem, the Power Grid Corporation accepted the alternate suggestion made on behalf of the Appellant-Company and raised the height of the lowest point of sag of the transmission lines between the two towers on either side of the poultry sheds of the Appellant-company from 46.5 meters To 52 meters, which in practical terms means a clearance of 30 ft. between the lowest point of the sag and the highest point of the poultry shed. Of course, it has been contended by Mr. Ganesh that according to the report of the expert, even if the height of the tower was raised to a 100 meters, the electro-magnetic field created by the transmission of high voltage electricity would still encompass the poultry sheds and adversely affect the reproductive system not only of the chickens but of all living things within that zone. 27. However, what goes against the case of the Appellant-Company is the fact that the purchases of the land for starting the poultry business and the erection of the poultry sheds were effected at a point of time when the process of identifying the route of the transmission lines was already in progress and survey work was being undertaken. We find it difficult to accept that the Appellant-company did not have knowledge of the ongoing project, which is for the benefit of a large number of people of the area as against the interest of a single individual. In view of the objections on behalf of the Power Grid Corporation that the deviation in the transmission lines, as suggested on behalf of the Appellant-company, could not be practically achieved, we are left with the next best solution, i.e., to increase the clearance between the lowest point of the sag of the transmission cable and the top most portion of the appellants poultry sheds. It should not also be forgotten that from the point of the sag on both sides the cable moves upwards and the clearance becomes even greater on both sides of the lowest spot. During the hearing we had asked Mr. Tripathi to confirm with the Engineers of the Power Grid Corporation to explore the possibility of raising the height of the towers even further to lessen the damage, if any, that may be caused to the egg laying capacity of the layers in the appellants poultry farm.28. Although, the response appears to be equivocal, we set aside the order of the Division Bench of the Madras High Court impugned in this appeal and direct the Power Grid Corporation to increase the clearance indicated above from 52 meters to 56 meters so that the clearance between the lowest point of the sag of the cable and the top most portion of the poultry shed is not less than 40 ft.29. The Appellant-Company will be entitled to such compensation to which it may be entitled for use of its lands or the damage caused thereto on account of the erection of the tower/pylon for carrying the transmission lines over the appellants plant, in accordance with the provisions of Section 10(d) of the Indian Telegraph Act, 1885.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We find it difficult to accept that the Appellant-company did not have knowledge of the ongoing project, which is for the benefit of a large number of people of the area as against the interest of a single individual. In view of the objections on behalf of the Power Grid Corporation that the deviation in the transmission lines, as suggested on behalf of the Appellant-company, could not be practically achieved, we are left with the next best solution, i.e., to increase the clearance between the lowest point of the sag of the transmission cable and the top most portion of the appellants poultry sheds. It should not also be forgotten that from the point of the sag on both sides the cable moves upwards and the clearance becomes even greater on both sides of the lowest spot. During the hearing we had asked Mr. Tripathi to confirm with the Engineers of the Power Grid Corporation to explore the possibility of raising the height of the towers even further to lessen the damage, if any, that may be caused to the egg laying capacity of the layers in the appellants poultry farm.28. Although, the response appears to be equivocal, we set aside the order of the Division Bench of the Madras High Court impugned in this appeal and direct the Power Grid Corporation to increase the clearance indicated above from 52 meters to 56 meters so that the clearance between the lowest point of the sag of the cable and the top most portion of the poultry shed is not less than 40 ft.29. The Appellant-Company will be entitled to such compensation to which it may be entitled for use of its lands or the damage caused thereto on account of the erection of the tower/pylon for carrying the transmission lines over the appellants plant, in accordance with the provisions of Section 10(d) of the Indian Telegraph Act, 1885.