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High Court for State of TelanganaWP/32820/2015disposed of no costs

B. Narasimha Reddy, v. The State Of Telangana, Represented By Its Principal

2015-10-07A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No.32820 of 2015 ORDER:

Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents.

The petitioners claim to be the absolute owners and possessors of the lands in Survey Nos.427, 428, 429, 432, 433 and 446A situated nearby National Highway Road, Kothakota town and Mandal, Mahabubnagar District. Though the said lands were originally agricultural lands, later they have been converted into nonagricultural lands. While so, the eighth respondent gave notice dated 2.6.2015 under the provisions of the Indian Electricity Act, 2003 stating that 400 KV Power Transmission line would pass through the property of the petitioners. When the respondents have not paid any compensation on account of passing the power transmission lines over the subject lands of the petitioners, the present Writ Petition is filed.

The learned Standing Counsel appearing for the respondents submits that notice dated 2.6.2015 was served on the petitioners informing that 400 KV Power Transmission Line would pass through their lands and that the compensation would be paid as assessed by the Revenue Department. He further submits that the transmission towers are being erected for 400 KV Quad Moose Double Circuit Line from Veltoor SS to Yemmiganoor Common Point (AP42) Package-A for evacuation of power produced from Wind Mills at Urava Konda, Ananthapur District; that it is an integrated project and Wind Power Project is in the final stage and the Transmission Lines will be erected at the earliest; that the power is being produced mainly to supply power to the farmers in Mahabubnagar District at present as the entire land is dry land and that power is required to be provided immediately to the bore-well farmers.

In support of his contention, the learned Standing Counsel for the

respondents relied on the decisions of this Court in K. Subba Raju v. Executive Engineer, TLC Division, AP TRANSCO, Visakhapatnam District a n d G.V.S. Ramakrishna Vs. AP TRANSCO. He further submits that the compensation would be paid in accordance with law as assessed by the revenue authorities. In view of the above, it is open for the respondents to proceed with laying of power transmission lines over the subject lands of the petitioners. However, it is made clear that the respondents shall pay the compensation to the petitioners in accordance with law within a period of three months from the date of receipt of a copy of the order.

The Writ Petition is accordingly disposed of at the admission stage with the consent of the learned Counsel appearing on either side. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO, J Date: 07.10.2015 Isn