✦ High Court of India · 20 Mar 2025

High Court · 2025

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,006 words

Acts & Sections

PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition' the High Court may be ple;ased to direct the2ndresp_qndenttostopthelayingofTosKVD/ctransmissionlinethroughthe land of the Pgtitioner of an extent of Ac'2-1 1 gts in Sy No 219/AA' situated at MachinenipallyVillage,NagarKurnoolDistrict,immediatq|y,byfurthelrdrrec]i10to change.thealignmenttothelandavailableadjacenttotheNationalHighway pending disposal qf the writ petition' counsel for the Petitioner: SRI SHA$HANK GARIGE a;;;;iroi tne Respondent Np.1; 9P ro4.e,ry5Ut" ; il; ; i io i itr " n ei b. n o e n t t't o' z : s R I L' MV-l c H AN D E R' s E N I o R N sE L -c-o-u The Court made the follqwing: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.8467 of 2o25 ORDER: . Questioning the action of respondent No.2 in not- considering the representation of the petitioner dated

06.03.2025 requesting to change the alignment in laying 765KV D/C transmission line from Kurnool, Nandyal District, Andhra Pradesh to Maheshwaram, Ranga Reddy District passing through the land of the petitioner to an extent of Ac.2-11 gts., 1n Sy.No.219/AA situated at Machinenipally, Nagarkurnool District (subject land) AS illegal ald arbitraqr and in violation of the principles of right to property as envisaged under the Constitution of India and consequently direct respondent No.2 to change the alignment by laying 765KV D/C transmission line through the land available beside the National Highway, the present writ petition is filed.

2. T1:e facts of the case in brief are that petitioner claims to be owner of the subject land and is having mango orchard in the said land and is eking out his livelihood on the said farm. It is submitted that respondent No.2 who is 2 claiming to be a Deemed Tralsmission Licensee engagled in the trarrsmission line are trying to lay their 765KV D/C transmission lirLe from Kurnool, Nandyal District, Arrdhra Pradesh to Maheshwaram, Ralga Reddy District thlough the petitioner's land without issuing any notice or without verifying the ground reality and such action would r:ause loss to the petitioner. It is further case of the petitione r that sufficient lanc is available adjacent to the Na,,iona1 Highway arrd Lhere is scope for laying the transmission line. In that view of tl-re matter, petitioner has made representation t,) respondent No.2 on 06.03.2025.

3. Mr.L.l?avichander, learned Senior Co unsel appearing on t,ehalf of respondent No.2 would sr.rbmit already a paper notification has been issued on 28.O3 2023 calling for the olrjections and that after making a thor ough survey on the tr:,:hnical feasibility, the said towers wor-:.ld be fixed on th?.-lan ds. LeErhbd senior counsel would furrther submit that only two legs of the single tower are reing implanted in the petitioner's land and the petitioner is only eligible for compensation.

4. Be that as it may, though various grounds are raised in the writ petition, without going into the merits of the case, since the representation of the petitioner dated 06'03.202s is pending on the file of respondent No.2, this writ petition is disposed of with a direction to respondent No.2 authorities to dispose of the representation of the petitioner, after giving a fair opportunit5z of hearing, and pass appropriate orders in accordance to law within a period of two (2) weeks from the date of receipt of a copy of this order.

5. Recording the submissions of learned counsel on either side, this writ petition is disposed of without expressing any opinion on merits. Miscellaneous petitions, pending, if aly, shall stand closed However, there shall be no order as to costs. //TRUE COPYII SD/-P. PADMANABHA REDDY EPUTY REGISTRAR SECTION OFFICER

1. The Principal Secreta ry Department of Power and E Secretariat, Secretari at, Hyderabad., Telan 2. The Deputy General Mana ger, Power Grid Nagarku rnool Construction Area Office, H.No Colony, Nagarkurnool, Tela ngana havi ng its lnstitutiona I Area, Katwaria Sarai, New Delh registered offi 3. One CC to SRISHASHAN K GARlcE, Advocate IoPUCI 4. Two CCs to GP FOR ENE RGY, High Court fqr the State qf Telangana, at Hyderabad. IOUT1 5. Ohe CC to SRt trlt;i YUR MUNDRA, SC FOR POWE R GRID CORP. LTD y, Dr.B.R.Ambedkar tate of Telangana. a State, S poration of lndia Limited, 3-1 19/t(10, OM N agar ce at B-9, Qutab Cor 1 loPUCl

6. Two CD Copies To \ \ PSK. BS HIGH COURT DATED:2010312025 ORDER WP.No.8467 of 2025 1H 0 I Rps ZL,l: !:l (. J ,^/ 'r.t ,', ' ..:.rv€'' :---.'' j,/ . -1/2 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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