Madras High Court
D.Balakrishnan vs K.S.Wind And Renewables India ... on 20 January, 2021
WA(MD) Nos.1096 & 1098/2020, 970/2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)Nos.1096 & 1098 of 2020 and 970/2020
and C.M.P.(MD) Nos.5979, 5977, 7484 of 2020, 78 and 79/2021 and
5268 and 7485 of 2020
(Through Video Conferencing)
W.A.(MD) Nos.1096 & 1098/2020
D.Balakrishnan : Appellant in
W.A.(MD) No.1096
N.Palanisamy : Appellant in
W.A.(MD) No.1098
Vs.
1.K.S.Wind and Renewables India Pvt. Ltd.,
Represented by its Manager Kumar
Visalakshi Street, Aishwarya Garden
Goparasanallur,
Poonamalee, Chennai.
2.The Collector
The office of the collectorate
Karur District, Karur.
1/13
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WA(MD) Nos.1096 & 1098/2020, 970/2020
3.The Ministry of power,
Rep. by its Secretary
Government of India,
Shram Shakthi Bhavan Rafi Marg,
New Delhi.
4.The Chief Manager,
Power Grid Corporation India Limited,
400/230 KV Substation,
K.Paramathi Post
Karur District.
5.M/s.Spring Energy Private Limited,
NO.201 Level 2
Pentagon P-2
Magarapatta City
Hadapsar, Pune
6.M/s.Sprng Renewable Energy Private limited,
No.210 Level 2
Pentagon P-2
Magarapatta City
Hadapsar, Pune
7.M/s.Nordex India Private Limited
Rep. by its Director,
C1-001 Tower C The Milenia' 1 & 2
Murphy Road, Ulsoor
Bangalore
Karnataka : Respondents/
respondents in
both W.As.
W.A.(MD) No.970/2020
The Collector
The office of the collectorate
Karur District, Karur. : Appellant in
W.A.(MD) No.970/20
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WA(MD) Nos.1096 & 1098/2020, 970/2020
Vs.
1.K.S.Wind and Renewables India Pvt. Ltd.,
Represented by its Manager Kumar
Visalakshi Street, Aishwarya Garden
Goparasanallur,
Poonamalee, Chennai.
2.The Ministry of power,
Rep. by its Secretary
Government of India,
Shram Shakthi Bhavan Rafi Marg,
New Delhi.
3.The Chief Manager,
Power Grid Corporation India Limited,
400/230 KV Substation,
K.Paramathi Post, Karur District.
4.M/s.Sprng Energy Private Limited,
NO.201 Level 2, Pentagon P-2
Magarapatta City
Hadapsar, Pune
5.M/s.Sprng Renewable Energy Private limited,
No.210 Level 2, Pentagon P-2
Magarapatta City
Hadapsar, Pune
6.M/s.Nordex India Private Limited
Rep. by its Director,
C1-001 Tower C The Milenia' 1 & 2
Murphy Road, Ulsoor
Bangalore, Karnataka : Respondents/
respondents in
both W.As.
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WA(MD) Nos.1096 & 1098/2020, 970/2020
COMMON PRAYER: Writ Appeals are filed under Section 15 of
Letters Patent Act against the order of this Court made in W.P.(MD) Nos.
6319/2020 dated 07.08.2020.
For Appellants in
W.A.(MD) Nos.
1096 & 1098/20 : Mr.Isaac Mohanlal
Senior Counsel assisted by
Mr.K.Balasubramani
For Respondents : Ms.Kanimozhi Mathi
Senior counsel for R1
Ms.J.Padmavathi Devi for R2
Special Government Pleader
Mr.Sathish Parasaran
Senior counsel for R5 & R6
assisted by Mr.C.Muthusaravanan
Mr.M.Dinesh for R7
No appearance for R3 & R4
For Appellant
in W.A.(MD) No.
970/2020 Ms.J.Padmavathi Devi
For Respondents : Ms.Kanimozhi Mathi
Senior counsel for R1
Mr.Sathish Parasaran
Senior counsel for R4 & R5
assisted by Mr.C.Muthusaravanan
Mr.M.Dinesh for R6
No appearance for R2 & R3
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WA(MD) Nos.1096 & 1098/2020, 970/2020
COMMON ORDER
(Judgment of the Court was delivered by M.M.SUNDRESH, J)
In view of the commonality of the issues involved, these writ
appeals have been taken up and disposed of by this common judgment.
2.For the purpose of brevity and convenience, we take the writ
appeal filed in W.A.(MD) No.1096/2020 as a lead case and the parties are
referred accordingly.
3.M/s.Solar Energy Corporation of India Limited, being a
Government of India undertaking, which is engaged in promoting the
renewable energy, while envisaging one such power project for the
setting up of 300 megawatt wind power, called for biddings.
4.M/s.Spring Renewable Private Limited created a special purpose
vehicle, when became a successful bidder in whose favour letter of award
has been passed with a condition to complete it within a stipulated time.
The said entity entered into a contract with M/s.Nordex India Private
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WA(MD) Nos.1096 & 1098/2020, 970/2020
Limited. This concern in turn entered into a sub contract with the writ
petitioner in W.P.(MD) No.6319 of 2020 by name M/s.K.S.Wind and
Renewables India Private Limited.
5. Of the proposed 128 overhead towers, most of them have been
completed spanning over different Districts, the District Collector,
Tiruppur, invoke Section 10 of the Indian Telegraphic Act (Hereinafter
referred to as 'the Act') by passing appropriate orders facilitating the
laying of the towers, which come within his territorial jurisdiction.
Accordingly, 54 towers were put up. As there was no objection with
respect to 71 towers coming within the jurisdiction of one of the
appellant, who has incidentally been arrayed as respondent No.1 in W.P.
(MD) No.6319/2020, the permission sought for by the petitioner was
rejected.
6. The learned single Judge disposed of the writ petition inter alia
holding that a joint application can be made along with M/s.Spring
Renewable Energy, by taking note of the fact that the petitioner in W.P.
(MD) No.6319 of 2020 is a sub contractor from M/s.Nordex India Private
Limited.
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WA(MD) Nos.1096 & 1098/2020, 970/2020
7. In the appeal filed by the District Collector, Karur, a plea has
been taken that even M/s.Spring Renewable Energy cannot file an
application seeking to exercise the power under Section 16 of the Act and
therefore, it is not maintainable under Section 10 of the Act.
8. The learned Senior counsels appearing for M/s.Spring
Renewable Energy and Nordex India Private Limited, apart from
M/s.K.S.Wind and Renewables India Private Limited submitted that the
entire approach of the District Collector, Karur and the learned single
Judge cannot be sustained in the eye of law, in view of the following
judgments:
(i) 2011 SCC Online Mad 127 [C.Ram Prakash and another v.
Power Grid Corporation of India Ltd., and another]
(ii) (2017) 5 SCC 143 [ Power Grid Corporation of India Limited v.
Century Textiles and Industries Limited and others]
(iii) 2019 SCC Online Mad 29327 [R.Raja and others v. District
Collector and Others].
Accordingly, it is submitted that the law has been quite settled with
respect to the role required to be played by the District Collector, when
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WA(MD) Nos.1096 & 1098/2020, 970/2020
an application made under Section 10 of the Act seeking to exercise the
power under Section 16 of the Act, which is to merely facilitate the work
being done. It is further submitted that a permission has infact been
obtained in favour of M/s.Spring Energy Private Limited giving
authorisation under Section 164 of the Tamilnadu Electricity Act, 2003.
Therefore, appropriate orders will have to be issued.
9. The learned Senior Counsel brought to the notice of this Court
that except three towers, the entire work has been completed and once the
work is completed, the compensation requires to be paid will be made
within a further period of two weeks thereafter. Because of the pendency
of the present proceedings with interim order, there is a possibility of
work not being completed within the dead line given, which might result
in financial implications apart from delay in completing the project.
10. Ms.Kanimozhi Mathi, learned Senior counsel appearing for the
respondent No.1 submitted that there is no transparency involved. By an
arbitrary exercise, the power lines are sought to be taken through the
petitioner's land. The guidelines with respect to the compensation as
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WA(MD) Nos.1096 & 1098/2020, 970/2020
ordered by the Hon'ble Apex Court in Power Grid Corporation India
(2017) 5 SCC 143 will have to be directed to be complied with in letter
and spirit. The learned Senior Counsel has made specific reliance upon
Paragraph No.26 of the Hon'ble Apex Court in this regard.
11. The learned Special Government Pleader appearing for the
District Collector, Karur submitted that there is no error in the reasoning
of the District Collector. Though permission has been obtained by
M/s.Spring India Private Limited from the appropriate authority, granting
authorisation under Section 164 of the Tamil Nadu Electricity Act, 2003,
it being a private entity, the rejection order made cannot be questioned
along with the reasons given.
12. We are concern with the larger public interest. Secondly, the
law on the subject is quite settled and repeated on number of occasions
by this Court. We do not want to reproduce the law laid down once again.
The role of the District Collector, while exercising the power under
Section 16 of the Act in an application filed under Section 10 of the Act,
is very limited, which is to facilitate the completion of the project by
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WA(MD) Nos.1096 & 1098/2020, 970/2020
removing the obstruction, if any. Unfortunately, the District Collector,
Karur has misconstrued the provisions and the role required to be played
by him. As a District Magistrate, he is not concerned with the project.
He is neither the appellate authority nor an adjudicating one.
13. The project has been conceived by a Government of India
undertaking, after conducting elaborate study through an expert body.
Such a wisdom resulting in the project being conceived is not justifiable
nor the same has been questioned before us. As stated, the scope and
ambit of Section 164 of the Electricity Act and Sections 10 and 16 of the
Act has been completely misconstrued. We may add that the learned
single Judge has not been furnished with the appropriate judgments
governing the field, which we are concern with. We do not wish to say
anything more. Even on facts, the project is almost nearing completion.
The project is to be completed by laying down towers connecting the
overhead lines. Certainly, there is a public interest involved. The private
respondents are merely executing the work. Ultimately, the project has
been conceived and to be executed by M/s.Solar Energy Corporation of
India Ltd., which is a Government of India undertaking. We do not find
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WA(MD) Nos.1096 & 1098/2020, 970/2020
any malice in law or fact. On the question of transparency, we are not
inclined to consider, as the project is nearing completion.
14. Thus, looking from any perspective, we are constrained to hold
that the District Collector, Karur is required to pass appropriate orders to
facilitate the completion of the work.
15. Under those circumstances, we direct the District Collector,
Karur to accord appropriate permission to enable the work being
completed within a period of one week from the date of receipt of a copy
of this judgment. We make it clear that the permission being required in
the event of any obstruction, it is well open to the private respondents to
complete the project, even otherwise. We are also constrained to take
note of the apprehension expressed by the learned senior counsel for the
respondent No.1 and the learned Senior Counsel for the appellant with
respect to the payment of compensation. We hope and trust that the
respondents concerned will act keeping in mind the directives of the
Central Government and in the light of the observations made by the
Hon'ble Apex Court in the judgments referred supra.
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WA(MD) Nos.1096 & 1098/2020, 970/2020
16. The submission made by the learned senior counsel for the
private respondents that after completion of the work and within a period
of two weeks thereafter, adequate compensation would be paid, stands
recorded.
17. The writ appeals are ordered accordingly. No costs.
Consequently connected Miscellaneous Petitions are closed.
[M.M.S., J.] & [S.A.I., J.]
20.01.2021
Index : Yes/No
Internet : Yes
RR
Note: (i) In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
(ii) Issue Order Expeditiously
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WA(MD) Nos.1096 & 1098/2020, 970/2020
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)Nos.1096 & 1098 of 2020 and 970/2020
Dated: 20.01.2021
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