Evp Estates And Properties v. The Chairman
IN THE HIGH COURT OF JUDICATUARE AT MADRAS
DATED : 16-08-2016
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.28450 of 2016 and WMP No.24558 of 2016 EVP Estates and Properties Development Ltd Rep. by its Chairman Mr.E.V.Perumalsamy Reddy 23 Sir Thiyagaraya Road Pondy Bazaar, T.Nagar, Chennai-17.
... Petitioner Vs.
1. The Chairman Tamil Nadu Generation and Distribution Corporation, Anna Salai, Chennai-2.
2. The Assistant Engineer Tamil Nadu Generation and Distribution Corporation, Korattur, Chennai-80.
3. The Superintending Engineer Guindy, Chennai-32.
(R3 Suo Motu impleaded as per order dated 16.08.2016) ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus, forbearing the respondents from putting up any kind of temporary, permanent, structure or erecting any high tension electric tower in the area abutting the land in S.Nos.34/1, 34/2 , 33/1, measuring an extent of 2 Acres and 45 cents in Karunakaracherry Village, Poonamallee Panchayat, Poonamallee Taluk, Thiruvallur District belonging to the petitioner herein.
For Petitioner : Mr.S.R.Rajagopal For Respondents : Mr.Abdul Saleem
ORDER
The petitioner is the owner of the property comprised in Survey Nos.34/1, 34/2, 33/1, measuring an extent of 2 Acres and 45 cents situated at Karunakaracherry Village, Poonamallee Panchayat, Poonamallee Taluk, Thiruvallur District and the nature of the said property is agricultural. The respondents proposed to erect high tension towers adjacent to the said property and in order to effect erection, they have dug up the place to lay the foundation. The towers which are sought to be erected are abutting the South Eastern side of the property. Therefore, a representation was given by the petitioner on 06.08.2016 to restrain the site authorities from putting up any kind of temporary, permanent structure or erecting any High Tension Tower/pole abutting his property. However, so far, no reply has been received from the respondents. In the meanwhile, the respondents are making attempts to enter upon the property and to erect High Tension Transmission Tower abutting the petitioner's property. Therefore, the petitioner has come before this Court by way of this writ petition.
2. Heard Mr.S.Rajagopal, learned counsel for the petitione and Mr.Abdul Saleem, learned Standing Counsel appearing for respondents.
3. As per Section 16 of the Indian Telegraphic Act, 1885, the respondents are required to get permission to enter upon the property of the individual for erecting High Tension Wires or any other work. As far as the case in hand is concerned, admittedly, so far no permission has been obtained by the respondents.
4. Therefore, this Court is of the view that the respondents have to approach the District Collector concerned by filing appropriate petition seeking permission to erect transmission tower. In the meanwhile, the petitioner shall also file a petition before the District Collector concerned claiming compensation.
5. It is represented by Mr.Abdul Saleem, learned Standing Counsel for the respondent Board that the Superintending Engineer, General Construction Circle I, TANTRANSCO, A 10, Thiru vi ka Industrial Estate, Guindy, Chennai-32 is
the competent authority to approach the District Collector seeking permission to enter upon the property of the individual for erecting High Tension Wires or any other work and the said authority has not been impleaded as party respondent in this writ petition. Hence, The Superintending Engineer, Guindy, Chennai-32 is suo-motu impleaded as the 3rd respondent in this writ petition.
6. At this juncture, it is appropriate to state that the District Collector has to decide about the compensation as per the guidelines notified by the Government of India, by order dated 15.10.2015 and the operative portion of the guidelines is extracted hereunder:
"No. 3/7/2015 - Trans Government of India Ministry of Power Shram Shakti Bhawan Rafi Marg, New Delhi - 110 001.
Dated: 15.10.2015 To
1. Chief Secretaries/Administrators of all the States/UTs (As per list attached)
2. Chairperson, CEA, New Delhi, with th request to disseminate the above guidelines to all the stateholders
3. CMD, PGCIL, Gurgaon.
4. CEO, POSOCO, New Delhi.
5. Secretary, CERC, New Delhi.
6. CMD of State Power Utilities/SEBs.
Subject: Guidelines for payment of compensation towards damages in regard to Right of Way for Transmission lines.
During the Power Ministers' Conference held on April, 9 -10, 2015, at Guwahati with States/UTs, it has, inter alia, been decided to constitute a Committee under the chairship of Special Secretary, Ministry of power to analyze the issues related Right of Way for laying of transmission lines in the country and to suggest a uniform methodology for payment of
compensation on this count. Subsequently, this Ministry had constituted a Committee with representatives from various State Governmnets and others. The Committee held several meetings to obtain the views of the State Governments on the issue and submitted its report along with the recommendations (copy of the Report is at Annex-1).
2.
The recommendations made by the Committee are hereby formulated in the form of following guidelines for determining the compensation towards damages as stipulated in sections 67 and 68 of the Electricity Act, 2003 read with Sections 10 and 16 of Indian Telegraph Act, 1885, which will be in addition to the compensation towards normal crop and tree damages. This amount will be payable only for transmission lines supported by a tower base of 66 KV and above, and not for sub transmission and distribution lines below 66 KV:- (i) Compensation @ 85% of land value as determined by District Magistrate or any other authority based on Circle rate/Guideline Value/STamp Act rates for tower base area (between four legs) impacted severely due to installation of tower/pylone structure.
(ii) Compensation towards diminution of land value in the width of right of way (ROW) Corridor due to laying of transmission line and imposing certain restriction would be decided by the States as per categorization/type of land in different places of States, subject to a maximum of 15% of land vlue as determined based on circle rate/guidelines value/stamp Act rates.
(iii) In areas, where the landowner/owners have been offered/accepted alternate mode of compensation by concerned corporation/ Municipality under Transfer Development Rights (TDR) Policy of State, the licensee/Utility shall deposit compensation amount as per (i) and (ii) above with the concerned Corporation/Municipality / Local Body or the State Government.
(iv) For this purpose, the width of ROW corridor shall not be more thanthat prescribed in the table at Annex-2 and shall not be less than the width directly below the conductors.
3.
Necessary action may kindly be taken accordingly. These guidelines may not only acilitate in early resolution of ROW issues and also facilitate completion of the vital transmission lines through active support of State/UT Administration.
4.
All the States/UTs etc.,are requested to take suitable decision regarding adoption of the guidelines considering that acquisition of land is a State subject."
7. In view of the above, the petitioner is granted two weeks' time from the date of receipt of a copy of this order to file statement of claim. Similarly, the 3rd respondent is also given two weeks' time from the date of receipt of a copy of this order to file a petition seeking permission for erecting the High Tension Transmission Tower. On such petitions being filed, the District Collector concerned shall issue notice to both the parties, within a period of two weeks from the date of receipt of the such petitions and after getting reply, the District Collector concerned shall decide both the issues simultaneously and pass appropriate orders on merits and in accordance with law, within a period of 4 weeks thereafter. It is made clear that till permission is obtained from the District Collector for erecting High Tension Transmission Tower, the respondents shall not enter upon the petitioner's property. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rg To
1. The Chairman Tamil Nadu Generation and Distribution Corporation, Anna Salai, Chennai-2.
2. The Assistant Engineer Tamil Nadu Generation and Distribution Corporation, Korattur, Chennai-80.
3. The Superintending Engineer Guindy, Chennai-32.
4. The District Collector, Thiruvallur District, Thiruvallur.
+1cc to Mr.Abdul Saleem, Advocate, S.R.No.46747 +1cc to Mr.S.R.Rajagopal, Advocate, S.R.No.47145 W.P.No.28450 of 2016 and WMP No.24558 of 2016 MP1(CO) CA(14/09/2016)