[Cites 2, Cited by 0]
Bombay High Court
Aditya Yogesh Dhamdhere vs The State Of Maharashtra Thr. The ... on 18 March, 2026
Author: Manish Pitale
Bench: Manish Pitale
2026:BHC-AS:13391-DB
910_WP383_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.383 OF 2026
Aditya Yogesh Dhamdhere ... Petitioner
Vs.
State of Maharashtra thr. Department of Industries,
Energy and Labour and others ... Respondents
Mr. Vivek Vijay Salunke for Petitioner.
Mr. A. I. Patel, Additional GP a/w. Ms. M. S. Bane, AGP for Respondent Nos.1
and 2.
Mr. Vikram Nankani, Senior Advocate a/w. Mr. Shrey Fatterpekar, Ms. Kavisha
Shah, Ms. Divya Nankani i/b. Ms. Kavisha Shah.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : MARCH 18, 2026
P.C. :
. Heard learned counsel for the parties.
2. By this petition, the petitioner challenges the action on the part of
the respondents in seeking to carry out certain activities for erection of
towers for high tension transmission lines. When this petition came up
for consideration on 09.01.2026, this Court granted ad-interim relief in
terms of prayer clause (c) thereby restraining the respondents from
carrying out any such activity in the subject land of the petitioner in
relation to the proposed project of laying down the high tension
transmission lines.
3. The respondents were served and they are represented by counsel.
Respondent No.3 is the power transmission company that is laying down
the high tension transmission lines at the behest of the respondent State
authorities. A reply affidavit on behalf of the respondent No.3 is filed on
910_WP383_26.doc
record. Today, the learned AGP has tendered a reply affidavit along with
documents on behalf of the respondent No.2 i.e. the Sub-Divisional
Officer, Pune. The said reply affidavit is taken on record.
4. The learned counsel for the petitioner reiterated the submissions
made before this Court, which led to the order dated 09.01.2026 granting
ad-interim relief in favour of the petitioners. It was submitted that the
survey number in which the land of the petitioner is located i.e. Survey
No.1524 was never included in the tabular chart annexed to the minutes
of meeting dated 29.02.2024, which specified the location of the
proposed towers and the survey numbers of lands on which such towers
were to be erected. He submitted that survey No.1524 of Village
Talegaon, Dhamdhere-3, Taluka-Shirur, District-Pune was not included
in the said chart and therefore, the action of the respondents is arbitrary.
5. On the other hand, the learned senior counsel appearing for
respondent No.3 submitted that reliance placed on the aforesaid minutes
of the meeting of the year 2024 and the chart annexed thereto can be of
no avail to the petitioners, simply for the reason that establishment of
such towers for laying down high tension transmission lines is a highly
technical matter and the alignment is undertaken as per safety concerns
and engineering feasibility. It was submitted that at the point in time
when the towers are being erected, as per the alignment of the high
tension transmission lines, the lands required for erecting such towers
have been properly identified. In this context, reliance is placed on map
at exhibit-D, which shows the details of the said high tension
transmission lines passing through various survey numbers including
Survey No.1524 in which the land of the petitioner is located. Reliance
is also placed on exhibit-E annexed to the reply affidavit.
6. The learned AGP submits that although Survey No.1524 is not
specifically mentioned in the aforesaid minutes of the meeting and the
910_WP383_26.doc
chart upon which the petitioner places reliance, appropriate
compensation would be paid to the petitioner if the land of the petitioner
located in Survey No.1524 is required for erecting the tower.
7. We have considered the rival submissions. We find substance in
the contention raised on behalf of the respondent No.3 that the minutes
of the meeting upon which the petitioner relies pertain to the year 2024,
while the high tension transmission lines and erection of towers is taking
place now in the year 2026. There can be no doubt about the fact that
erecting such towers for the purpose of laying down the high tension
transmission lines is a highly-technical activity, which would require
alignments to be decided on the basis of the safety concerns and
engineering feasibility and in that context, it would be difficult for this
Court in writ jurisdiction to question the wisdom of locating tower
No.145/4 in Survey No.1524. The chart annexed to the minutes of
meeting upon which the petitioner heavily relies also shows that Survey
Nos.1525 and 1526 have been indeed shown in the said chart. When we
juxtaposed the said information with the map at exhibit-D placed on
record by the respondent No.3, we find that the alignment of the
transmission lines is such that it inevitably goes through Survey No.1524
wherein the land of the petitioner is located. The respondent No.3 has
also placed on record at Exhibit-E, a chart showing the current longitude
/ latitude route of the transmission line. In the face of such material, it
would be inappropriate for us to question the technical wisdom of the
concerned party in erecting towers on specific locations after taking into
consideration all parameters, including safety concerns and engineering
feasibility.
8. Therefore, we are of the opinion that it would not be appropriate
to grant any relief to the petitioner in writ jurisdiction. It would be
inappropriate to continue the interim order as it interferes with the work
910_WP383_26.doc
of laying down the said high tension transmission lines when the laying
down of such transmission lines is obviously for public good.
9. Nonetheless, the entitlement of the petitioner for being
appropriately compensated cannot be denied. A perusal of the provisions
of the Indian Telegraph Act, 1885 shows that the said Statute contains a
proper scheme for determination of compensation to individuals to the
extent that they are deprived of user of parts of their lands when such
towers and transmission lines are erected through their lands. As a
matter of fact, Section 16 of the aforesaid Act provides a mechanism for
resolving disputes that may be raised with regard to the quantum of
compensation proposed by the concerned authority. We are also
informed that the respondent State has issued Government Resolutions
dated 02.11.2022 and 01.12.2022 providing a further scheme for
determination of compensation in such cases. The respondent State
authorities assure this Court that appropriate compensation shall be
determined and disbursed to the petitioner in consonance with the
provisions of the aforesaid Act as well as the said Government
Resolutions. In that light, we keep the right of the petitioner open to seek
enhancement of compensation in accordance with law.
10. With these observations, the writ petition is disposed of. The
interim order dated 09.01.2026 is vacated.
11. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Minal Parab
