M. Balamani vs The State Of Andhra Pradesh
2021 Latest Caselaw 3030 AP

              HIGH COURT OF ANDHRA PRADESH


MAIN CASE No:W.P.No.15651 of 2021

                          PROCEEDING SHEET

Sl.                                                                                      OFFICE
       DATE                                      ORDER
No.                                                                                      NOTE.
05    13.08.2021   AVSS, J
                           It is submitted by the learned counsel for
                   the petitioner that the impugned action was not
                   preceded      by     any      notification        enabling      the
                   authorities to lay the transmission lines through
                   the land of the petitioner herein under Section 68
                   of the Electricity Act, 2003. It is also the
                   submission of the learned              counsel that, as per
                   Rule 3 of the Works of Licensees Rules, 2006, it is
                   mandatory       on      the     part    of    the    respondent

authorities to obtain prior consent of the land owner/occupier and that, in the instant case, respondents did not do the same. It is also the submission of the learned counsel for the petitioner that, as per G.O.Rt.No.83, Energy, Infrastructure & Investment (Pr.II.A2)Department, dated 20.06.2017, respondents herein are obligated to pay compensation @ 100% of the land value as determined by the District Magistrate and the compensation towards diminution of the land value in the width of Right of Way Corridor due to laying of transmission line. It is the further submission of the learned counsel that, by way of the impugned notice, dated 22.04.2021, respondent authorities paid only land diminution rate for the occupied area but not the compensation @ 100% land value to be determined by the District Magistrate.

On the other hand, learned Standing

W.P.No.15651 of 2021

Counsel for APTRANSCO, Sri Y.Nagi Reddy, contends that in exercise of the powers conferred by G.O.Ms.No.115, dated 07.10.2013, issued by the Government of APTRANSCO or their authorized representative shall have the powers which can be exercised under the Indian Telegraph Act, 1885, as such, the contention as regards the aspect of obtaining prior approval cannot be sustained. It is also the submission of the learned Standing Counsel that prior consent of the land owner/occupier is also not necessary for a telegraphic authority in view of the law laid down by the Hon'ble Apex Court in the case of POWER GRID CORPORATION OF INDIA LIMITED v. CENTURY TEXTILES AND

SCC 143] and the judgment, dated 27.11.2019, in Civil Appeal No.9063 of 2019.

Leaned Standing Counsel seeks a week's time to ascertain the position and to obtain instructions in the matter, including the instructions as regards the payment of compensation.

Post on 18.08.2021 in the Motion List.

_________ AVSS,J Tsy