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Time of India
24-05-2025
- Time of India
Land owner's nod not needed for projects of public interest: HC
Raipur: Chhattisgarh high court has ruled that a landowner's consent is not required for installation of electricity transmission lines, reiterating that such infrastructure projects serve a larger public interest and landowners are entitled only to compensation and cannot seek an injunction to halt the project. The bench of Justice Amitendra Kishore Prasad observed that while Chhattisgarh State Power Transmission Company Limited (CSPTCL) is required to inform the petitioner before entering his land, prior consent is not mandated by Electricity Act, 2003, or Telegraph Act, 1885. It said CSPTCL would not claim ownership of the land where the tower is situated. Justice Prasad ordered CSPTCL and other respondents to provide adequate compensation to the petitioner, a 94-year-old farmer. He owns over 8.7 acres of farmland in Korbi village in Baloda tehsil of Janjgir-Champa district. He alleged that CSPTCL had dug 16 large pits and begun construction of transmission towers on his land without notice, consent, or compliance with mandatory conditions of the approval order dated March 11, 2024, issued by state govt. The Petitioner's Side The petitioner sought a court direction to immediately stop the construction work, arguing that the permission granted by Chhattisgarh govt had become void due to non-compliance with its conditions by CSPTCL. He also sought restoration of his land to its original condition, removal of erected structures, and exemplary damages for mental harassment. The petitioner submitted that over 4.8 acres (55.7%) of his land had been "illegally encroached upon and disturbed" as 16 pits were dug initially, followed by eight more on March 8, 2025, despite statutory requirements mandating prior identification of affected land in the landowner's presence, payment of compensation, and formal permission from the competent authority upon objection. The petitioner had raised objections through a legal notice dated Dec 31, 2024, which he said were disregarded by the authorities. He alleged that 'arbitrary compensation notices' were issued without site inspection or his presence, and no compensation was provided for Khasra Nos. 730/5 and 658/8. The State's Side Counsel for the respondents argued that the claim of sanction order being cancelled due to non-compliance was baseless. They said compensation had been duly calculated and offered to the petitioner on June 24, 2024, and Jan 22, 2025, but he refused to accept it. They emphasised that under the law, consent from landowner is not a requisite for erecting transmission lines, as it is a project of national importance. The respondents' counsel cited a previous HC order, which, in similar circumstances and for the same project, granted landowners liberty to raise grievances before appropriate forums. They also highlighted a govt notification of Dec 13, 2006, which authorises CSPTCL officers to act as 'telegraph authority' for laying electricity transmission lines. Court Cites SC Rulings In its order, HC referenced Supreme Court rulings, which underscore the necessity of unobstructed access for laying electricity transmission lines in larger public interest for national development. The court noted that Chhattisgarh serves as a power hub, and electricity generation and supply from the state are of paramount importance. The bench asked the petitioner not to obstruct construction of electricity transmission towers, and directed authorities to disburse the compensation within 60 days.
Time of India
24-05-2025
- General
- Time of India
Chhattisgarh HC rules no prior consent required for electricity transmission lines
Chhattisgarh HC RAIPUR: The Chhattisgarh High Court has ruled that prior consent from a landowner is not required for the installation of electricity transmission lines, reiterating that such infrastructure projects serve a larger public interest. The court stated that landowners are entitled only to compensation and cannot seek an injunction to halt construction. The court noted that Chhattisgarh serves as a power hub, and electricity generation and supply from the state are of paramount importance. It clarified that CSPTCL would not claim ownership of the land where the tower is situated, with ownership remaining with the petitioner. The interim order granted by the court on 15 April 2025 has been vacated. The High Court observed that while CSPTCL is required to inform the petitioner before entering his land, prior consent is not mandated by the Electricity Act, 2003, and the Telegraph Act, 1885. Justice Amitendra Kishore Prasad, presiding over a Single Bench, issued the directive to the Chhattisgarh State Power Transmission Company Limited (CSPTCL) and other respondents to provide adequate compensation to the petitioner after a hearing. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Device Made My Power Bill Drop Overnight elecTrick - Save upto 80% on Power Bill Pre-Order Undo The court also directed the petitioner not to obstruct the construction of electricity transmission towers. Authorities have been instructed to disburse the compensation within 60 days of receiving the order. The petitioner, a 94-year-old agriculturist, owns 8.73 acres of agricultural land in Korbi village, Baloda tehsil, Janjgir-Champa district. He alleged that CSPTCL had dug 16 large pits and commenced construction of transmission towers on his land without prior notice, consent, or compliance with the mandatory conditions of the approval order dated 11 March 2024 issued by the State Government. The petitioner had sought a court direction to immediately stop the construction work, arguing that the permission granted by the Chhattisgarh State Government had become void due to non-compliance with its conditions by CSPTCL. He also sought restoration of his land to its original condition, removal of erected structures, and exemplary damages for mental harassment. The petitioner submitted that approximately 4.86 acres (55.7%) of his land had been "illegally encroached upon and disturbed." He stated that CSPTCL initiated construction as part of a diversion project necessitated by the construction of National Highway No. 130A. He claimed that 16 pits were dug initially, followed by eight more on 8 March 2025, despite statutory requirements mandating prior identification of affected land in the landowner's presence, payment of compensation, and formal permission from the competent authority upon objection. The petitioner had raised objections through a legal notice dated 31 December 2024, which he said were disregarded. He further claimed that arbitrary compensation notices were issued without site inspection or his presence, and no compensation was provided for Khasra Nos. 730/5 and 658/8. Counsels for the respondents argued that the claim of the sanction order being cancelled due to non-compliance was baseless. They stated that compensation had been duly calculated and offered to the petitioner on 24 June 2024 and 22 January 2025, but the petitioner refused to accept it. They emphasised that under the Electricity Act, 2003, and Section 10 of the Telegraph Act, 1885, prior consent from the landowner is not a requisite for erecting transmission lines, as it is a project of national importance. The respondents' counsel cited a previous High Court order in Manikant Agrawal and Ors. v. State of CG and others, which, in similar circumstances and for the same project, granted landowners liberty to raise grievances before appropriate forums. They also highlighted the State Government's notification dated 13 December 2006, which generally authorises CSPTCL officers under Section 164 of the Electricity Act, 2003, to act as Telegraph Authority for laying electricity transmission lines. The court referenced Supreme Court rulings in Power Grid Corpn. of India Ltd. v. Century Textiles and Industries Ltd. and Century Rayon Limited v. IVP Limited, which underscore the necessity of unobstructed access for laying electricity transmission lines in the larger public interest for national development. Get the latest lifestyle updates on Times of India, along with Brother's Day wishes , messages and quotes !
