N.Gopal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2026
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P. Nos.36023 and 36024 of 2025 1.N.Gopal 2.L.Udayakumar 3.P.Bose 4.U.Suresh .. Petitioners vs 1.The District Collector, Kancheepuram District, Kancheepuram.
2.Special District Revenue Officer, National Highways, Kancheepuram.
3.The Superintending Engineer, General Construction, Circle II, TANTRANSCO-GCC2/Guindy, Chennai - 600 032.
4.The Tahsildar, Sriperumbudur, Kancheepuram District.
5.The Project Director, National Highways Authority of India, Zonal Office, Chennai.
.. Respondents 1/7
Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records connected with the impugned order passed by the first respondent in Ref.Na.Ka.1772/2025/F1 dated 21.06.2025 and to quash the same and consequently direct the first respondent to reassess the value of the land in S.Nos.111/5, 111/4, 111/7, 111/3 and 121/3 in the Molachur Village, Sriperumpudur Taluk as Rs.1,000/- per sq.ft. Instead of Rs.800/- per sq.ft. based on the revised guideline value and to demark the land which can be utilised for the construction of houses and the area which could not be used for construction of houses and to pay 100% compensation at the rate of Rs.1,000/- per sq.ft.
for the area of the land which cannot be utilised for the construction of houses/shops in view of the passing of the high tension wires with regard to RoW for transmission lines 110 KV and 230 KV lines above the petitioners' housing plots situated in S.Nos.111/5, 111/4, 111/7, 111/3 and 121/3 in the Molachur Village, Sriperumpudur Taluk as per the methodology prescribed under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioners :
Mr.R.Singaravelan, Senior Counsel for Mr.V.S.Jagadeesan For Respondents :
Mr.P.Sathish, Additional Government Pleader for R1, R2 and R4 Mr.D.R.Arun Kumar for R3 Ms.S.R.Sumathy for R5 2/7
ORDER
In this writ petition, the petitioners assail an order dated 21.06.2025 of the District Collector and consequently seeks a direction for re-assessment of the value of the lands at Rs.1,000/- per sq.ft.
2. The petitioners had purchased about 30 acres of land in various survey numbers at Molachur Village, Sriperumpudur Taluk. They also obtained DTCP approval in relation thereto. In relation to a project of the National Highways Authority of India, the Tamil Nadu Transmission Corporation exercised right of way under the Indian Telegraph Act, 1885 and the Electricity Act, 2003 in respect of the said lands. Therefore, the petitioners had requested for compensation. Compensation was fixed under the order impugned herein. Being dissatisfied with the manner of determination of compensation, the present writ petition was filed.
3. Learned senior counsel for the petitioners invited my attention to guidelines issued by the Ministry of Power, Government of India on 14.06.2024 in relation to the payment of compensation for right of way for transmission lines. He also refers to the supplementary guidelines issued on 21.03.2025. With reference to the guidelines dated 14.06.2024, he points out that no construction 3/7
activity is permitted within the Right of Way (RoW) corridor. As a result, he contends that the petitioners are not in a position to derive any value from the lands purchased by them. Hence, he contends that full compensation ought to be paid.
4. In response, learned standing counsel for National Highways Authority of India (NHAI) submits that compensation has been fixed at 100% of the assessed land value wherever a tower has been installed on the land and at 20% thereof where only transmission lines run above the land (stringing corridor area). Both learned standing counsel for NHAI and the learned counsel for TANTRANSCO contend that there is an alternative remedy under the Indian Telegraph Act, 1885 before the jurisdictional District Judge after referring to Section 16(3) of the said enactment. Reliance is also placed on the judgment of the Division Bench of this Court in Power Grid Corporation of India Ltd. and others vs. N.Baskar and another (judgment dated 18.08.2021 in W.A.No.380 of 2020).
5. Section 10(d) of the Indian Telegraph Act provides for the payment of full compensation to all persons interested for any damage sustained by reason of the exercise of powers under the said provision. Section 16(3) enables a person to apply to the District Judge, if dissatisfied with the sufficiency of compensation. 4/7
6. On perusal of the impugned order, there is no reference therein to the conditions imposed under the guidelines issued by the Ministry of Power on 14.06.2024 to the effect that no construction activity is permitted within the RoW of the transmission lines. Therefore, re-consideration is necessary. To facilitate such reconsideration, the order impugned herein is set aside and the matter is remanded to the District Collector for re-adjudication. After providing a reasonable opportunity to the petitioners, a fresh order shall be issued, taking into account the guidelines dated 14.06.2024 and supplementary guidelines dated 21.03.2025. Such order shall be issued within eight weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of on the above terms. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
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To 1.The District Collector, Kancheepuram District, Kancheepuram.
2.Special District Revenue Officer, National Highways, Kancheepuram.
3.The Superintending Engineer, General Construction, Circle II, TANTRANSCO-GCC2/Guindy, Chennai - 600 032.
4.The Tahsildar, Sriperumbudur, Kancheepuram District.
5.The Project Director, National Highways Authority of India, Zonal Office, Chennai.
6/7
SENTHILKUMAR RAMAMOORTHY,J.
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