[Cites 19, Cited by 0]
Karnataka High Court
Torrent Solar Power Private Limited vs Power Grid Koppal Gadag on 15 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
Reserved on : 26.11.2025
Pronounced on : 15.12.2025
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.104896 OF 2025 (GM - RES)
BETWEEN:
TORRENT SOLAR POWER PRIVATE LIMITED
SAMANVAY, 600, TAPOVAN, AMBAVADI
AHMEDABAD, GUJARAT - 380 015.
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR. V. BALASUBRAMANIAN.
... PETITIONER
(BY SRI K.N.PHANINDRA, SR.ADVOCATE A/W
SRI SANTOSH KUMAR B.MALLIGAWAD, ADVOCATE
SRI SUNAYANA BASU MALLIK AND
SRI ARFATU AZAM, ADVOCATES)
AND:
POWER GRID KOPPAL GADAG
TRANSMISSION LIMITED
B-9, B-9 QUTAB INSTITUTIONAL AREA
KATWARIA SARAI,
NEW DELHI - 110 016.
ALSO AT:
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FIRST FLOOR, PLOT NO.7 AND 8
DAMBAL LAYOUT
GADAG
KARNATAKA - 582 103.
... RESPONDENT
(BY SRI PRAMOD NAIR, SR. ADVOCATE FOR
SRI M.S.HALLIKERI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A
WRIT ORDER OR DIRECTION OF MANDAMUS OR IN NATURE OF
MANDAMUS DIRECTING THE RESPONDENT TO RE-ROUTE THE
EXTRA HIGH VOLTAGE ("EHV") LINES WITHOUT INTERRUPTING
ANY WORK, ERECTIONS, ETC. WITHIN THE DISTANCE OF 227
METERS OF THE PETITIONER'S LAND PARCELS AS PER MINISTRY
OF NEW AND RENEWABLE ENERGY ("MNRE") GUIDELINES AT WTG
LOCATIONS AS PER COORDINATES MOREFULLY DETAILED IN THE
MAP/SKETCH (ANNEXURE-R); II. ISSUE A WRIT ORDER OR
DIRECTION OF CERTIORARI OR IN THE NATURE OF CERTIORARI
QUASHING THE SETTING ASIDE THE LETTERS DATED. 01/04/2025
BEARING REFERENCE NUMBER SRTS-II/PKGTL/GADAG TLC/2024-
25/273 (ANNEXURE-S), THE LETTER DATED. 07/02/2025 BEARING
REFERENCE NUMBER PKGTL-GADAG/TLC/TORRENT/255
(ANNEXURE-P) SENT BY THE RESPONDENT TO THE PETITIONER
ASKING TO RELOCATE THE WTG LOCATIONS ALONG WITH THE
CONNECTED COMMUNICATION DATED. 06/02/2025 (ANNEXURE-
N); III. ISSUE A WRIT ORDER OR DIRECTION OF MANDAMUS OR
IN THE NATURE OF MANDAMUS RESTRAINING THE RESPONDENT
FROM ISSUING ANY DIRECTIONS TO, OR OTHERWISE IN ANY
MANNER SEEKING TO COMPEL A CHANGE IN THE WTG LOCATIONS
AND FURTHER RESTRAIN THE RESPONDENT FROM IN ANY MANNER
INTERFERING WITH THE BUSINESS AND ACTIVITIES/PROJECT OF
THE PETITIONER.
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THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 26.11.2025, COMING ON FOR PRONOUNCEMENT
THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioner is at the doors of this Court seeking the
following reliefs:
"i. Issue a writ order or direction of mandamus or in the
nature of mandamus directing the Respondent to re-route
the Extra High Voltage ("EHV") Lines without interrupting
any work, erections, etc. within the distance of 227
meters of the Petitioner's land parcels as per Ministry of
New and Renewable Energy ("MNRE") Guidelines at WTG
Locations as per coordinates morefully detailed in the
map/sketch (Annexure-R)
ii. Issue a writ order or direction of certiorari or in the
nature of certiorari quashing and setting aside the letters
dated 01/04/2025 number reference bearing by SRTS-
II/PKGT L/Gadag TLC/2024-25/273 (Annexure- S), the
letter dated 07/02/2025 bearing reference number
PKGTL-Gadag/TLC/Torrent/255 (Annexure-P) sent
Respondent to the Petitioner asking to relocate the WTG
Locations along with the connected communication dated
06/02/2025 (Annexure-N);
iii. Issue a writ order or direction of mandamus or in the
nature of mandamus restraining the Respondent from
issuing any directions to, or otherwise in any manner
seeking to compel a change in the WTG Locations and
further restrain the Respondent from in any manner
interfering with the business and activities/Project of the
Petitioner; and
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iv. Pass such orders as this Hon'ble Court may deem just and
proper in the facts and circumstances of the present writ
petition."
2. Facts in brief, germane, are as follows:
2.1. The petitioner - Torrent Solar Power Pvt. Ltd.,
(hereinafter referred to as the 'Company' for short) is a Company
established in the year 2020, as an integrated power utility, having
its business or interest in power generation, transmission,
distribution and supply of power cables and operates wind power
generation projects at various places. The respondent is the Power
Grid Koppal Gadag Transmission Ltd., (hereinafter referred to as
the 'Power Grid' for short) a wholly owned subsidiary of the Power
Grid Corporation of India. Power Grid is incorporated as a special
purpose vehicle of the Government of India for transmission. In
the years 2021-2022, the petitioner is said to have conducted a
deliberation with the Ministry of New and Renewable Energy
(MNRE) for setting of 300.3 MW. Wind power project, which is
proposed to be established in the villages of Yalaburga and Koppal
Taluk of Koppal District. After the deliberations, it transpires that
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the petitioner submits an application to the Karnataka Renewable
Energy Development Limited (KREDL) as per the MNRE guidelines,
requesting for allotment of 300.3 MW. wind power project under the
Inter-State Transmission System (ISTS) category at various places.
2.2. Pursuant to the said deliberation, the petitioner is said to
have prepared a detailed project report for the project for the
purpose of enquiry or investigation into the feasibility of the project
and is submitted to KREDL. The particulars of the locations and the
project including the latitude and longitude of the land requirement,
the tentative survey numbers, the tentative village names, the
height of the wind mast for each proposed site and the tentative
project schedule are said to have been submitted by the petitioner.
2.3. The Government, in terms of its order dated 23-02-2022,
accorded an in-principle approval to the project of the petitioner by
issuance of a Government order, pursuant to which, the petitioner
enters into an agreement with KREDL, agreeing to complete the
project by 22-02-2028. Between 27-04-2023 and 29-11-2023, the
petitioner secured conversion of agricultural lands into non-
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agricultural purposes, as obtaining under Section 95 of the
Karnataka Land Revenue Act, 1964, for the purpose of the limited
use as industrial wind mills. On 13-12-2023, the Government of
India is said to have granted prior approval to the respondent -
Power Grid under Section 68(1) of the Electricity Act, 2003
(hereinafter referred to as the 'Act' for short) for installation of
overhead transmission lines under the transmission scheme for
integration of renewable energy zone.
2.4. A power purchase agreement is entered into between the
petitioner and the Solar Energy Corporation of India (SECI), for
buying wind power from petitioner as an intermediary procurer as
per the tender. The petitioner while conducting the foundational
drilling work for the purpose of wind turbine generation at the
proposed project site, officers of the respondent are said to have
approached the petitioner and asked the petitioner to stop erecting
the Wind Turbine Generators (hereinafter referred to as the 'WTG'
for short) at some of the survey numbers acquired by the
petitioner, as they were falling near the line corridor of respondent
within 100 meters distance in Survey No.202/2 which was not
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permissible in law. The impugned communication then comes about
on 06-02-2025 through the electronic mail, that the petitioner was
conducting work near the transmission lines of the respondent,
thereby the request was made to stop such work. Another
impugned letter springs on the next day i.e. 07-02-2025, with the
same intent of stopping the work. A joint inspection is conducted on
28-03-2025, which results in the third impugned letter that there
were discrepancies against each of the WTG locations.
Communications galore between the two, all of which go unheeded
and the present petition is preferred.
3. Heard the learned senior counsel Sri K.N.Phanindra,
appearing for the petitioner and the learned senior counsel
Sri Pramod Nair, appearing for the respondent.
4. The learned senior counsel Sri K.N.Phanindra appearing
for the petitioner, would vehemently contend, that the proposed
Extra High Voltage (EHV) lines of the respondent are against the
Central Electricity Authority (Measures Relating to Safety and
Electricity Supply), Regulations 2023 (hereinafter referred to as the
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'Regulations' for short). He would place reliance upon Regulation 63
of the said regulations to contend that overhead transmission lines
or EHV lines, shall, as far as possible, not pass over or adjacent to
any existing building. The windmills proposed to be erected at the
WTG locations fall within the definition of 'building' under the
explanation to Regulation 63 of the said regulations. Therefore, he
would submit that the construction work of the respondent is in
violation of transmission planning norms and the request for
realignment of EHV lines is in tune with the manual of transmission
planning criteria. It is his further submission that the petitioner
falls within the ambit of infrastructure projects as envisaged by the
State Government in its infrastructure policy. The respondents
have violated the Telegraph Act, 1885 and Works of Licensees
Rules, 2016. He would seek to place reliance upon the judgment of
the Apex Court in the case of POWER GRID CORPORATION OF
INDIA LTD., v. CENTURY TEXTILES AND INDUSTRIES LTD.,
[(2017)5 SCC 143] to contend that while laying down
transmission lines buildings should be avoided.
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5. Per contra, the learned senior counsel Sri Pramod Nair,
representing the respondent contends that the WTG locations, as
approved by KREDL in terms of the Government Order dated
23-02-2022 were situated at a safe distance of more than 227
mtrs. from the transmission line corridor. The petitioner has also
unilaterally shifted the WTG locations subsequently on its own,
creating a conflict with the respondent's transmission lines. Had
the petitioner not shifted the three contested WTG locations, there
would not have been any conflict. For the act of the petitioner, it
cannot now seek alteration of its tower locations. The petitioner has
also failed to furnish any revised approval from KREDL or MNRE for
shifting the WTG locations. It is the case of the respondent that one
of the villages where petitioner claim to have purchased land is not
present in the KREDL approval order dated 23-02-2022. The
respondent has completed foundation works at all three locations
and the towers are also erected. At this stage, if the prayer is
granted, it would negatively impact the petitioner's own project,
since any power generated by the petitioner cannot be transmitted
without transmission infrastructure created by the respondent. The
respondent's transmission lines have been finalized after
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considering various factors, including KREDL approval in favour of
the petitioner for establishment of WTG lines. The respondent's
project serves a larger public purpose and is a part of the Interstate
Transmission Network envisaged to strengthen the National Grid.
Any order to shift the lines would create huge dent to public
purpose and to various power generators. He would seek dismissal
of the petition.
6. I have given my anxious consideration to the submissions
made by the learned counsel for the respective parties and have
perused the material on record.
7. The afore-narrated facts are not in dispute. The only issue
that falls for consideration is:
"Whether there is any illegality or arbitrariness in the
act of the respondent establishing its transmission lines
warranting interference at the hands of this Court?"
8. The petitioner makes an application before the KREDL, as
per the guidelines, requesting for allotment of 300.3 MW. of wind
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power project under the ISTS category at various villages. The
application of the petitioner submitted to KREDL reads as follows:
"Dear Sir,
Karnataka has emerged as the hub for the investments in the
Green Energy Sector thanks to the kind support and co-
operation in creating a conducive environment for the
Renewable sector in the state. The State Government has been
in the forefront in resolving the problems faced by the
Renewables and in securing the Investor's interest and
increasing investment in the Sector.
To capitalize this occasion and opportunity provided by the
Govt. of Karnataka through the RE Policy 2009-2014, We, M/s.
Torrent Solar Power Pvt. Ltd is a Special Purpose Vehicle
(SPV) created by M/s. Torrent Power Limited through its
Indian subsidiary to develop, execute, manage and run 300.3
MW wind power generation plant at various villages of Nittali,
Benakal, Gavarhal, Chendoor, Arken, Budsettinhal, Kinnal,
Mudapur, Chikbeedinhalu, Kalkera Hatti, Kamanur, Karadıgudda,
Hanmanhatti, Honhunashi, Kudri, moti, Mangalore,
Bhairanayakanhallı, Balapura, Kavalkere, Kadrali.
Hirebeedinhalu, Muthal, Sirur, Bedwatti, Yadiapur. Budgumpi,
Balgera, Tipparasanhalu, Kakkıhalli, Kuknoor, Kuknoor Talulk,
Koppal District in Karnataka.
The Site has been identified as ideally suited for the
development of wind farm based on wind data published by
NIWE for this regime. As the proposed site is nearer to the
NIWE wind mast at TARLAKATTI of 100m the annual wind speed
recorded at 100m height is 6.68 m/s and the extrapolated wind
at 130m is 7.2m/s the recorded wind speed and frequency
distribution have indicated that the proposed site is eminently
suitable for good generation of electricity.
M/s. Torrent Solar Power Pvt. Ltd is SPV of M/s. Torrent Power
Limited which has expertise in developing Wind power projects,
intends to develop 300.3 MW of Wind Power projects with an
approximate investment of Rs. 2500 Crores. The project during
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the implementation will create significant direct and indirect
employment opportunities and add 300.3 MW of Green power in
the state. We have selected the proposed site based on the
analysis of the Wind, site topography, elevation and the
availability of land for wind farming and its proximity to the grid.
The tentative villages for the proposed project are Nittali,
Benakal, Gavarhal, Chendoor, Arkeri, Budsettinhal, Kinnal
Mudapur, Chikbeedinhalu, Kalkera Hatti, Kamanur, Karadigudda,
Hanmanhatti, Honhunashi, Kudri moti, Mangalore,
Bhairanayakanhalli, Balapura, Kavalkere, Kadrali Hirebeedinhalu
Muthal, Sirur, Bedwatti, Yadiapur, Budgumpi, Balgera,
Tipparasanhalu, Kakkihalli, Kuknoor, Koppal District."
.... .... ....
1. Tentative WTG Geographical latitude and longitude
of 91 Nos WTG locations in DMS is (Degree Minutes
and seconds) is attached as follows.
WTG coordinates for 300.3MV with --- Nos WTG
locations
.... .... ....
2. Tentative extent of private land required for 300.3
MW Project.
Approximate land required for one WTG is roughly 156 X
156 meters which shall cover activities such as casting
the foundations, erection of DP Structures, Breaker yards,
Metering yards and additional area for assembly,
positioning of cranes for erection and other electrical
infrastructure. Area required for internal roads
approximate width 6 meters to 8 meters and area for
overhead transmission lines would be additional. Thus,
the total areas for installation of 300.3 MW Wind project
works out to be around 750 acres (approximate
estimation subject to variation). However, the extent of
land may vary during land acquisition considering the site
dynamics
3. Tentative Survey nos and Village names and taluk The
tentative villages for the proposed project are Nittali,
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Benakal, Gavarhal, Chendoor Arkerı, Budsettinhal,
Kinnal, Mudapur, Chikbeedinhalu, Kalkera Hatti,
Kamanur, Karadigudda, Hanmanhatti, Honhunashi,
Kudri moti, Mangalore, Bhairanayakanhalli, Balapura,
Kavalkere, Kadrali, Hirebeedinhalu, Muthal, Sirur,
Bedwatti, Yadiapur, Budgumpi, Balgera,
Tipparasanhalu, Kakkihalli, Kuknoor, Koppal District
Karnataka."
(Emphasis added)
Tentative extent of private land required for the aforesaid project
was indicated in the application including the geographical latitude
and longitude coordinates of 91 WTG locations in DMS (Degree
Minutes and seconds). In terms of the order dated 23-02-2022, the
Government accords approval to the project of the petitioner. The
approval reads as follows:
"ಪ ಾವ ೆ:
ೕ ೆ ಓದ ಾದ ಕಮ ಸಂ ೆ (1)ರ ಪತ ದನ ಯ ವ ವ ಾಪಕ ೇ ಶಕರು,
"ೆ.ಆ$.ಇ.&.ಎ(. ರವರು ಸ"ಾ ರ"ೆ) ಸ*+,ರುವ ಪ ಾವ ೆಯ*+ M/s Torrent Solar Power Private
Limited ರವರು "ೊಪ.ಳ 0 ೆ+ಯ ಯಲಬು3ಾ ಮತು "ೊಪ.ಳ 4ಾಲೂ+ಕುಗಳ ಕೂಕನೂ$, ಮ ಾ6,
ಹಂ9 ಾ:, ಕ ೆ)ೕರ, ಬು$ ;ೆ<6 ಾಳ, =ಾ6*, ಕ>)ಹ?@,, ಗವರAಾಲ, Bಪ.ರ ಾ ಾಲ, ಚಂದೂ$,
Dೆನಕ(, ಯ&EಾಪFರ, Dೆಡವ<6 ಬHಹ<6 ಬುದುಗುಂI, Jರೂ$, ಆ"ೇ H, ಮಂಗಳK$, ಮೂತ(,
LMೇNಡ ಾ( ಕ ಾ *, > ಾOಲ, 9ಕ)Nದ ಾ(, ತಲಕP ಪFರ, AೊP ಹು O ಯಲ QೕH, ಹನಮP
ಹ<6 ಮತು ಕುR Sೕ< 3ಾ ಮಗಳ*+ 300.3 ಮ.Tಾ . ಾಮಥ ದ ಪವನ Vದು W Xೕಜ ೆಯ ಕುHತು
VಸZತ Xೕಜ ಾ ವರRಯನುO ತEಾH,, "ೆ ಡ( 3ೆ ಸ*+,ರುವF ಾ[ Aಾಗೂ ಸದH Xೕಜ ೆ\ಂದ
ಉ4ಾ.ದ ೆEಾಗುವ Vದು ತನುO "ೇಂದ ಸ"ಾ ರದ Power Grid Corporation of India Limited
(PGCIL) ನ Vದು W ಪ ಸರಣ _ಾಲ"ೆ), _ೋ&,, Aೊರ Mಾಜ ಗ?3ೆ SECI N&`ಂa / ಮೂರ ೇ ವ >3ೆ
Inter State Transmission System (ISTS) ಮು ಾಂತರ Vದು W ಸರಬMಾಜು bಾಡುವ ವಗ ದ&
ಪFB Vಂc ಟDೈ P 3ೆ 4 ಎಕMೆಯಂ4ೆ Footprint basis ೆ>)ೕಕH, ಜfೕನುಗಳನುO
14
ಉಪXೕ[ಸುವFದು ಮತು ಪವನ Vದು W ಘಟಕಗಳ ಅಂತರವನುO MNRE
ಸು4ೋ ೆ/bಾಗ ಸೂ9ಯಂ4ೆ ಅಳವ&ಸುವಂ4ೆ ಷರತುಗಳನುO Vj,, ಹಂ9"ೆ ೕಡುವಂ4ೆ
"ೋHರುವF ಾ[ B?,ರು4ಾMೆ.
M/s Torrent Solar Power Private Limited ಕಂಪ ಯು R ಾಂಕ: 28.07.2020 ರಂದು
ೋಂ ಾವkೆ3ೊಂ&ದುl ಇದರ ೋಂ ಾ\ತ ಕmೇHಯು ಗುಜMಾW ನ ಅಹಮ ಾDಾn ನ*+
ಾIತ3ೊಂ&ರುತ ೆ. ಸದH ಕಂಪ ಯು M/s Torrent Power Limited ರವರ ಅಂಗ
ಸಂ ೆEಾ[ರುತ ೆ. M/s Torrent Power Limited ರವರ ೆo ವW R ಾಂಕ: 31.03.2021ರ
ಅಂತ "ೆ) ರೂ.10,251.23 "ೋ<ಗpಾ[ರುತ ೆ ಎಂದು mಾ=ೆ c ಅ"ೌಂ=ೆಂo ರವರು ದೃsೕಕರಣ
ಪತ ವನುO ೕ&ರು4ಾMೆ.
ೕ ೆ ಓದ ಾದ ಕ ಮ ಸಂ ೆ (2) ರ ಹಂ9ಕ ಸfB ಸtೆಯು M/s Torrent Solar Power
Private Limited ರವರು "ೊಪ.ಳ 0 ೆ+ಯ ಯಲಬು3ಾ ಮತು "ೊಪ.ಳ 4ಾಲೂ+ಕುಗಳ VVಧ
3ಾ ಮಗಳ*+ 1STS ವಗ ದ&ಯ*+ ಹಂ9"ೆ ೕಡುವಂ4ೆ "ೋHರುವ 300.3 .Tಾ ಾಮಥ ದ ಪವನ
Vದು W Xೕಜ ೆಯ ಸಳವF ಾಸ[ ಜfೕ ಾ[ರುತ ೆ ಸದHಯವರು 3.3 ಮ.Tಾ . ಾಮಥ ದ 91
Vಂc ಟDೈ P ಗಳನುO ಅಳವ&ಸುBದುl, ಅಳವ&ಸುವ Wind Turbine ಗ?3ೆ ಅvಾಂಶ ಮತು
Mೇ ಾಂಶಗಳನುO ೕ&ರು4ಾMೆ. ಅದುದHಂದ ಸದH ಅwವೃRx ಾರರು ಅಳವ&ಸುವ ಪ B ಟDೈ P ನ
footprint _ಾಗ"ೆ) 4 ಎಕMೆಗಳಂ4ೆ ಒಟು6 364 ಎಕMೆ (91 x 4 =364) ಜfೕನನುO bಾತ ಪವನ Vದು W
Xೕಜ ೆಯನುO ಅನುzಾ{ನ3ೊ?ಸಲು Toposheet 57 A/2 ಮತು 57 A/3 ಗಳ*+
ಉಪXೕ[,"ೊಳ@ಬಹು ಾ[ ೆ Aಾಗೂ ಸದHಯವರು ಅಳವ&ಸುವ ಪವನ Vದು W ಘಟಕಗಳ
ಅಂತರವನುO MNRE ಸು4ೋ ೆ/bಾಗ ಸೂ9ಯಂ4ೆ (Micrositing Guidelines)
ಆಳವ&ಸDೇ"ಾ[ರುತ ೆ. ಆದ "ಾರಣ Xೕಜ ೆ3ೆ Dೇ"ಾಗುವ ಜfೕನನುO ಪ|ೆಯುವFದು ಮತು.
PGCIL ಂದ Evacuation Mಾvೇಪkಾ ಪತ Aಾಗೂ LTA approval ಪ|ೆಯುವFದು ಅwವೃRx ಾರರ
ಜ ಾDಾlHEಾ[ರುತ ೆ ಎಂದು B?ಸು4ಾ ಈ "ೆಳಕಂಡ ಷರತುಗ?3ೊಳಪಟು6 M/s Torrent Solar
Power Private Limited ರವH3ೆ "ೊಪ.ಳ 0 ೆಯ ಯಲಬು3ಾ ಮತು "ೊಪ.ಳ 4ಾಲೂ+ಕುಗಳ VVಧ
3ಾ ಮಗಳ*+ ISTS ವಗ ದ&ಯ*+ 300.3 .Tಾ ಾಮಥ ದ ಪವನ Xೕಜ ೆಯನುO ಹಂ9ಕ ೕಡಲು
ಸfBಯು ಸTಾ ನುಮB\ಂದ J~ಾರಸು• bಾ&ರುತ ೆ.
1) ಸದH Xೕಜ ೆ\ಂದ ಉ4ಾ.ದ ೆEಾಗುವ Vದು W ನುO "ೇಂದ ಸ"ಾ ರದ
Power Grid Corporation of India Limited (PGCIL) ನ Vದು W
ಪ ಸರಣ _ಾಲ"ೆ),
_ಾಲ"ೆ) _ೋ&,,
_ೋ&, Aೊರ Mಾಜ ಗ?3ೆ SECI N&`ಂa / ಮೂರ ೇ ವ >3ೆ
Inter State Transmission System (ISTS)S ಮು ಾಂತರ Vದು W
ಸರಬMಾಜು bಾಡಲು
15
2) ಈ3ಾಗ ೇ ಇತMೆ ಅwವೃRx ಾರರುಗಳ€ ಹಂ9"ೆ/4ಾB
ಹಂ9"ೆ 4ಾB ಕ ಅನುSೕದ ೆಯನುO
ಪ|ೆRರುವ ಪ ೇಶದ*+ ಪ ಾIತ Xೕಜ ೆಯು Overlap ಆ[ದl*,+ ಸದHಯವರು
"ೋHರುವ ಪ ಾವ ೆಯ ಹಂ9"ೆ/4ಾB
ಹಂ9"ೆ 4ಾB ಕ ಅನುSೕದ ೆಯು ರದುl3ೊಳ€@ತ ೆ."
ೆ
(Emphasis added)
The latitude and longitude of WTG locations were also indicated in
the order of approval. The petitioner enters into an agreement with
KREDL on 07-03-2022. The location for the agreement with
latitude and longitude is as follows:
".... .... ....
WHEREAS the State of Karnataka has decided to permit private
sector to generate Electricity from Wind Energy projects in the
State.
M/s Torrent Solar Power Private Limited, have requested
KREDL to grant permission to allot a wind power project of
300.3 MW capacity at Kukanur, Masba Hanchinal, Kalkera,
Budshettinhal, Nittali, Kakkihalli, Gavarahala, Tipparasanala,
Chendoor, Benakal, Yadiyapura, Balageri, Bedavatti, Arkeri,
Mangalura, Muthal, Hirebidanal, Kadhrahali, Kinnala,
Chikkabıdanal, Talakanpura, Honhunsi, Yelamgeri, Hanmanhatti
and Kudrimoti villages of Yelaburga and Koppal taluks,
Koppal district, Karnataka and the same having being
recommended by KREDL vide its letter No:
KREDL/08/TSPPL-300.3 MW/Yelaburga/Koppal/F-
10(2022)/204, Dated: 31-01-2022, the Government had
accorded approval for the project vide Government Order No:
ENERGY 59 NCE 2022, BENGALURU, Dated: 23-02-2022.
Tentative Latitude and Longitude of WTG Locations for
300.3 MW (91 Nos of WTG X 3300 kW) capacity Wind
Power Project of M/s Torrent Solar Power Private
Limited."
16
Conversion orders are accordingly passed by the Deputy
Commissioner on 3 dates viz., 27-04-2023, 31-10-2023 and
29-11-2023. On 13-12-2023, the Ministry of Power, Government
of India grants approval to the respondent - Power Grid under
Section 68(1) of the Act for establishment of Overhead
Transmission lines of 400 kV in Koppal and Gadag districts. On 26-
12-2023, the petitioner alleges that the respondent entered into
Transmission Service Agreement with the Central Transmission
Utility. The respondent defends the said allegation contending that
the respondent has complied with all the statutory requirements of
publicity regarding the alignment of the transmission lines, by
publishing the notices in leading newspapers of Koppal and Gadag
districts. When things stood thus, on 06-07-2024 a public notice is
issued by the respondent under Section 15(2) of the Act of the
respondent's project for drawing up of transmission lines.
Objections were invited from general public mentioning the name of
Koppal and Gadag district, which are the places in which the
transmission lines would pass. On 26-12-2024 the Ministry of
Power, Government of India, under Section 164 of the Act, confers
17
upon the respondent the powers conferred upon the Telegraph
Authority.
9. On the other hand, in compliance with the timeline
stipulated, the petitioner initiated the requisite activities for timely
implementation of the project and while conducting the foundation
and drilling work for WTG at the proposed project site, the officers
of the respondent approach the petitioner and directs the petitioner
to stop erecting the WTG, as some of the survey numbers acquired
by the petitioner were falling near the line corridor of the
respondent which was within 100 mtrs distance in Sy.No.202/2.
Therefore, now the lines are to clash with the windmill. Therefore,
the petitioner then taking up to the respondent of the issue receives
the impugned letter on 06-02-2025 to stop work. The impugned
letter reads as follows:
"From: Chandran G (जी. चं न) <[email protected]>
Sent: Thursday, February 6, 2025 15:28
To: Abhilash Murali/Wind-Project/Kamrej
Subject: Fw: Final Route Transmission scheme for
integration of Renewable Energy Zone (REZ)
Phase-ll in Koppal (Phase-A) and Gadag-II
(Phase-A) in Karnataka System Strengthening at
18
Koppal-II and Gadag-II for integration of RE
generation projects
Attachments: 400KV DC KG Line Final Alignment
20250129.kmz, Koppal Kudgi.kml;
Koppal_Raichur_Total_File.kmz, Gadag Koppal
Line-2 After DS kml; Tentative Survey Numbers
2nd 400KV DC Gadag-Koppal Line.pdf
You don't offers get email from [email protected]. Learn why this is
important
[External: Treat content with extra caution.]
Dear Sir,
Please see the trailling mail
Thanks and Regard,
चं न जी./CHANDRAN G
महा बंधक /General Manager
पावर ड को पल गदग ांस मशन ल मटे ड
(पावर ड कॉप रे शन ऑफ इं$डया ल मटे ड क& पण(
ू *वा म+व वाल, सहयक कंप-न)
POWERGRID KOPPAL GADAG TRANSMISSION LIMITED
(A WHOLLY OWNED SUBSIDIARY OF POWERGRID
CORPORATION OF INDIA LTD)
KOPPAL CAO/को पल -नमा(ण .े/
400 के वी म-नराबाद
ु उप क34/400KV MUNIRABAD SUBSTATION,
गल
ु दाह5ल, पो*ट/Guldahalli Post को पल िजला/KOPPAL DISTRICT,
कना(टक/KARNATAKA - 583228.
Cell +91 9434740004
___________________________________________________
From: Chandran G(जी चं न] <[email protected]>
Sent: Thursday, February 6, 2025 3:21 PM
To:[email protected] <abhilash.murali@torren
tpower.com>
Cc: Pawan Kumar Gupta {पवन कमार
ु ग7ा
ु }
<[email protected]>; Venkatarao Chejarla {चेजारला व3 कट
19
राव} <[email protected]>; Pavan Kumar Kaja {काजा पवन
कमार
ु } <[email protected]>;Chandrakant. {चं कांत}
<[email protected]>; Balineni Bhaskar {बा लने-न भा*कर}
<[email protected]>; Harish Kumar Nair {एस.एच. के.
नायर} <[email protected]>; MS Hejib {एम. एस. हे िजब}
<[email protected]>; sr2rpit <[email protected]>;
Srinivas P {पी. <ी-नवास} <[email protected]>; Santosh
Narinoi {संतोष नर,नोई} <[email protected]>; Rahul Raj
{राहल
ु राज} <[email protected]>; Sivakumar Sivadanam
{ शवदानम शवकमार
ु } <[email protected]>
Subject: Final Route Transmission scheme for integration of
Renewable Energy Zone (REZ) Phase-II in Koppal (Phase-A) and
Gadag-II (Phase-A) in Karnataka System Strengthening at
Koppal-II and Gadag-II for integration of RE generation projects
Dear sir,
We POWERGRID KOPPAL GADAG TRANSMISSION
LIMITED (A Wholly Owned Subsidiary of Power Grid
Corporation of India Limited) under MoP, Govt. of India,
executing the transmission line and substations for
integration of renewable energy in and around Gadag and
Koppal in Karnataka.
In this regard it is to inform that all the transmission line
routes are already finalised and constructions works are
under progress. (Please refer the attached kml files)
It is noticed that in Ryavanki village (Kuknoor Taluk)
near our 400KV D/C Gadag-Koppal Line-I tower location
3/10 soil investigation works are being carried out for a
wind mill project by your representative which is faling
under our line corridor within 100Mtr distance in Survey
No. 202/2 which is not permissible as per prevalling
norms.
Kindly verify your proposed installations coordinates and
keep the required distance from our transmission line
route/corridor.
20
The tentative list of survey numbers through which our
2nd 400KV D/C Gadag-Koppal Line-2 pesses under system
strengthening is also attached for your ready reference.
Kindly verify and keep the required distance for your
installation for smooth completion of our Transmission
Lines.
In this regard as requested over phone earlier, you are
once again requested to visit our office for a joint
verification without any further delay to avoid any clash
of installation under our line corridor.
Thanks and Regard,
चं न जी./CHANDRAN G
महा बंधक /General Manager
पावर ड को पल गदग ांस मशन ल मटे ड
(पावर ड कॉप रे शन ऑफ इं$डया ल मटे ड क& पण(
ू *वा म+व वाल, सहयक कंप-न)
POWERGRID KOPPAL GADAG TRANSMISSION LIMITED
(A WHOLLY OWNED SUBSIDIARY OF POWERGRID
CORPORATION OF INDIA LTD)
KOPPAL CAO/को पल -नमा(ण .े/
400 के वी म-नराबाद
ु उप क34/400KV MUNIRABAD SUBSTATION,
गल
ु दाह5ल, पो*ट/Guldahalli Post को पल िजला/KOPPAL DISTRICT,
कना(टक/KARNATAKA - 583228.
Cell +91 9434740004
दावा+याग: यह ईमेल पावर ड के दावा+याग -नयम व शत? 4ववारा शा सत है िजसे
http://apps.powergrid.in/Disclaimer.htm पर दे खा जा सकता है ।
Disclaimer: This e-mail is governed by
http://apps.powergrid.in/Disxlaimer.htm."
(Emphasis added)
21
The letter is indicative of the fact that the WTG coordinates were all
varied by the petitioner and the respondent had shared only the
tentative list of survey numbers. The petitioner was also asked to
keep the required distance from respondent's installation for
smooth completion of respondent's transmission lines.
Communications galore between the two, reiterating their stand.
10. The extent of the deviations of the petitioners WTG
locations and coordinates from those approved by KREDL, which are
conflicting with the respondents transmission line corridor, as
demonstrated by the respondent is as follows:
"CHART OF THE LATITUTE AND LONGITUDE OF WTG
LOCATIONS AND TOWER LOCATIONS
22
11. The entire case of the petitioner is that the petitioner has
received an approval from KREDL in terms of a Government Order
for establishment of WTG coordinates, therefore, there cannot be
shifting of the coordinates. It is the other way round. The WTG
coordinates and the Government Order states that they were
tentative in nature. Being tentative, the petitioner must have been
completely aware of the fact that, if the latitude or longitude would
be shifted, it would create a problem to the petitioner themselves.
The petitioner did not have that power under any agreement or in
law to unilaterally shift without approval and without notice of such
shifting to any Authorities. Therefore, the problem now generated
is not because of the respondent, but because of the petitioner
shifting the WTG coordinates and not otherwise.
12. It is trite that laying down of electricity transmission lines
by Power Grid serves a larger public interest, as they are essential
requirements for growth and development of the country's economy
and the well being of the citizens. This is what is recognized by the
23
Apex Court in the case of CENTURY RAYON LIMITED v. IVP
LIMITED1 wherein the Apex Court holds as follows:
".... .... ....
8. On the aspect of use of the land belonging to a third
party for setting up of the electricity transmission line, we would
refer to the judgment of this Court in Power Grid Corpn. of India
Ltd. v. Century Textiles & Industries Ltd. [Power Grid Corpn. of
India Ltd. v. Century Textiles & Industries Ltd., (2017) 5 SCC
143] wherein a Division Bench of this Court while examining
Section 164 of the Electricity Act had observed that the
appropriate Government may by order in writing for the purpose
of placing of electric lines or electrical plant for the transmission
of electricity necessary for the proper coordination of works,
confer on any public officer, licensee or any other person
engaged in the business of supplying electricity under the
Electricity Act any of the powers that the telegraph authority
possesses under the Telegraph Act with respect to the placing of
the posts and lines for the purposes of a telegraph. This
conferment of powers would be subject to such conditions and
restrictions, if any, that the appropriate Government may
impose and the provisions of the Telegraph Act.
9. Reference was made in Power Grid Corpn. of India Ltd.
case [Power Grid Corpn. of India Ltd. v. Century Textiles &
Industries Ltd., (2017) 5 SCC 143] to Sections 10 [ "10. Power
for telegraph authority to place and maintain telegraph
lines and posts.--The telegraph authority may, from time to
time, place and maintain a telegraph line under, over, along or
across, and posts in or upon, any immovable property:Provided
that--(a) the telegraph authority shall not exercise the powers
conferred by this section except for the purposes of a telegraph
established or maintained by the Central Government, or to be
so established or maintained;(b) the Central Government shall
not acquire any right other than that of user only in the property
under, over, along, across, in or upon which the telegraph
1
(2021)20 SCC 758
24
authority places any telegraph line or post; and(c) except as
hereinafter provided, the telegraph authority shall not exercise
those powers in respect of any property vested in or under the
control or management of any local authority, without the
permission of that authority; and(d) in the exercise of the
powers conferred by this section, the telegraph authority shall
do as little damage as possible, and, when it has exercised
those powers in respect of any property other than that referred
to in clause (c), shall pay full compensation to all persons
interested for any damage sustained by them by reason of the
exercise of those powers."] and 16 [ "16. Exercise of powers
conferred by Section 10, and disputes as to
compensation, in case of property other than that of a
local authority.--(1) If the exercise of the powers mentioned
in Section 10 in respect of property referred to in clause (d) of
that section is resisted or obstructed, the District Magistrate
may, in his discretion, order that the telegraph authority shall
be permitted to exercise them.(2) If, after the making of an
order under sub-section (1), any person resists the exercise of
those powers, or, having control over the property, does not
give all facilities for this being exercised, he shall be deemed to
have committed an offence under Section 188 of the Indian
Penal Code, 1860 (45 of 1860).(3) If any dispute arises
concerning the sufficiency of the compensation to be paid under
Section 10 clause (d), it shall, on application for that purpose by
either of the disputing parties to the District Judge within whose
jurisdiction the property is situate, be determined by him.(4) If
any dispute arises as to the persons entitled to receive
compensation, or as to the proportions in which the persons
interested are entitled to share in it, the telegraph authority
may pay into the court of the District Judge such amount as he
deems sufficient or, where all the disputing parties have in
writing admitted the amount tendered to be sufficient or the
amount has been determined under sub-section (3), that
amount; and the District Judge, after giving notice to the parties
and hearing such of them as desire to be heard, shall determine
the persons entitled to receive the compensation or, as the case
may be, the proportions in which the persons interested are
entitled to share in it.(5) Every determination of a dispute by a
District Judge under sub-section (3) or sub-section (4) shall be
final: Provided that nothing in this sub-section shall affect the
right of any person to recover by suit the whole or any part of
any compensation paid by the telegraph authority, from the
25
person who has received the same."] of the Telegraph Act which
postulates the power of the telegraph authority to maintain
telegraph lines and posts and the provisions relating to
compensation in exercise of those powers. Clause (d) to Section
10 requires that the telegraph authority shall do as limited
damage as possible in exercise of powers to place and maintain
telegraph lines and posts, and full compensation shall be paid to
all persons interested for any damage sustained by them. Sub-
section (1) to Section 16 states that in the case of resistance or
obstruction in respect of powers exercised by the telegraph
authority under clause (d) to Section 10, the District Magistrate
may in his discretion make an order that the telegraph authority
shall be permitted to exercise the powers. Sub-section (3) to
Section 16 states that if any dispute arises with regard to the
sufficiency of the compensation to be paid under clause (d) to
Section 10, the District Judge within whose jurisdiction the
property is situated shall determine the compensation.
10. On the legal effect of these provisions, this
Court had observed : (Power Grid Corpn. of India case
[Power Grid Corpn. of India Ltd. v. Century Textiles &
Industries Ltd., (2017) 5 SCC 143] , SCC pp. 152-55,
paras 21, 23 & 26)
"21. It is not in dispute that in exercise of
powers under the aforesaid provision, the
appropriate Government has conferred the powers
of telegraph authority vide Notification dated 24-
12-2003 exercisable under the Telegraph Act,
1885 upon the Power Grid. It may also be
mentioned that a Central transmission utility
(CTU) is a deemed licensee under the second
proviso to Section 14 of the Electricity Act, 2003.
Power Grid is a Central transmission utility and is,
therefore, a deemed licensee under the Electricity
Act, 2003. This coupled with the fact that Power
Grid is treated as authority under the Telegraph
Act, 1885, it acquires all such powers which are
vested in a telegraph authority under the
provisions of the Telegraph Act, 1885 including
power to eliminate any obstruction in the laying
down of power transmission lines. As per the
provisions of the Telegraph Act, 1885,
unobstructed access to lay down telegraph and/or
26
electricity transmission lines is an imperative in
the larger public interest. Electrification of villages
all over the country and availability of telegraph
lines are the most essential requirements for
growth and development of any country, economy
and the well-being/progress of the citizens. The
legislature has not permitted any kind of
impediment/obstruction in achieving this
objective and through the scheme of the Telegraph
Act, 1885 empowering the licensee to lay
telegraph lines, applied the same, as it is, for
laying down the electricity transmission lines.
***
23. Section 10 of the Telegraph Act, 1885
empowers the telegraph authority to place and
maintain a telegraph line under, over, along or
across and posts in or upon any immovable
property. The provision of Section 10(b) of the
Telegraph Act, 1885 makes it abundantly clear
that while acquiring the power to lay down
telegraph lines, the Central Government does not
acquire any right other than that of user in the
property. Further, Section 10(d) of the Telegraph
Act, 1885 obliges the telegraph authority to
ensure that it causes as little damage as possible
and that the telegraph authority shall also be
obliged to pay full compensation to all persons
interested for any damage sustained by them by
reason of the exercise of those powers.
***
26. We also do not find that the action of
the Power Grid, in the given circumstances, by not
shifting the transmission lines was arbitrary. From
the facts noted above, it becomes apparent that
not only it was unfeasible to change the alignment
as almost entire work had already been completed
by the time the writ petitioner started protesting
against this move, even otherwise, the Power Grid
has given sufficient explanation to point out that
all relevant factors/aspects were kept in mind
while laying down the impugned transmission
lines. Such transmission lines had to be in straight
line to the extent possible for eliminating loss of
transmission. It is also explained that electricity
transmission is usually laid or crossed over
agricultural land where minimum extent of land
gets utilised for erecting towers and where
agricultural activities are not prejudiced /
obstructed in any manner. The purpose is to avoid
buildings, religious places, ponds, etc. while laying
down these transmission lines. It is only when it
becomes inevitable that towers are placed on the
private lands to the minimum and least extent
possible. That is what was tried to achieve in the
instant case. Another important factor, which
needs repetition at this stage is that no blasting is
permissible within 300 m from the 400 kV line
(already existing) or the tower structure. Mining
of limestone can be taken up by adopting the
methods other than use of explosive/blasting --
without damage to the tower foundation/tower
structure or the line, which can be accomplished
by using jack hammer/pneumatic hammer with
compressor so as to avoid any damage to the line
or tower. This aspect has also been taken note of
by the learned Single Judge of the High Court in
the judgment dated 11-3-2008 [Century Textiles &
Industries Ltd. v. Power Grid Corpn. of India Ltd.,
WP (C) No. 1909 of 2007, order dated 11-3-2008
(Chh)] . The Division Bench [Century Textiles &
Industries Ltd. v. Power Grid Corpn. of India Ltd.,
WA No. 42 of 2008, order dated 2-8-2010 (Chh)]
did not differ with any of these findings."
11. The decision in Power Grid Corpn. of India Ltd.
case [Power Grid Corpn. of India Ltd. v. Century Textiles
& Industries Ltd., (2017) 5 SCC 143] highlights the
imperative and the need for unobstructed access for
laying down the electricity transmission lines in the
larger public interest as these are essential requirements
for growth and development of the country, economy and
well-being of the citizens."
(Emphasis supplied)
The Apex Court holds that Power Grid is a deemed licensee under
the Electricity Act, 2003, and has the power to eliminate any
obstruction in the laying down of power transmission lines.
13. In the light of the judgment of the Apex Court and the
admitted folly of the petitioner in shifting the WTG locations,
without notice or without the concurrence of the Authorities, which
has only led to the present dispute and since the transmission lines
laid down by Power Grid are of a public interest of a higher
pedestal, the WTG lines of the petitioner must yield to the larger
public interest.
In that light, finding no merit in this petition, petition stands
rejected.
Pending applications if any, also stand disposed.
sd/-
(M.NAGAPRASANNA)
JUDGE
Bkp
CT:MJ
