HC: Private Land Needn’t Be Acquired for Power Lines

If the landowners were aggrieved with the compensation amount, they could challenge it before the district judge under sub-section (3) of Section 16 of the Indian Telegraph Act, 1885, said a bench of Chief Justice Alok Aradhe and Justice Jukanti Anil Kumar.

The bench was dealing with an appeal filed by SNM Developers. They had challenged the single judge orders which had allowed the electricity department to lay power transmission lines in the petitioner’s real estate venture at Garvipally of Talakondapally mandal in Rangareddy district.

The petitioner’s contention was that without prior notice and in violation of the land acquisition procedures, the electricity department had started works for installing a 765 KV overhead transmission pole in their developed venture. These lines were affecting 67 plots, apart from 240 square yards.

In support of their arguments, the petitioner submitted to the court that Rule 3 of the Works Licencee Rules 2006 mandates a licencee shall make full compensation for damage, detriment or inconvenience caused by him or by any one employed by him. They requested the court to direct the power department to stop the works on their land or to pay full compensation, whereas the licensee had agreed to pay only Rs4.5 lakh to the petitioner.

A single judge had in 2022 dismissed the petitioner’s plea by citing that the provisions of Rule 3 of Works of Licencee Rules, 2006 were not applicable in view of the provisions of Section 164 of the Electricity Act, 2003 and pointed that the licencee was not acquiring any part of the land or any interest or title on the property of the petitioner.

As a transmission licencee, the power department was only using the right to lay the transmission line. Challenging the same, the real estate company filed an appeal before the division bench, which upheld the single judge orders.