[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Manju Sharma vs Union Of India on 4 February, 2026
[2026:RJ-JD:5697]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1857/2026
Manju Sharma W/o Jagdish Sharma, Aged About 55 Years, R/o
6A, 12 Rc Vyas Colony, Bhilwara, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through Joint Secretary (Transmission),
Ministry Of Power.
2. Central Electricity Authority Of India, Having Its Office At
Sewa Bhawan, Rama Krishna Puram, Sector 1, New Delhi
110066.
3. District Magistrate, Bhilwara.
4. Sub Divisional Magistrate, Bhilwara.
5. Power Grid Corporation Of India Limited (Powergrid),
Having Its Registered Office At B9, Qutab Institutional
Area, Katwaria Sarai, New Delhi 110016.
6. Power Grid Beawar Mandsaur Transmission Limited,
Having Its Registered Office At B9 Qutab Institutional
Area, Katwaria Sarai, New Delhi 110016.
----Respondents
For Petitioner(s) : Dr. Sachin Acharya, Sr. Advocate
assisted by Mr. Karan Parihar.
Ms. Vaishnav Nikita.
For Respondent(s) : Mr. Vineet Dave.
Mr. Harshit.
Mr. Yogantar Ohri.
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
Conclusion of Arguments &
Reserved on : 29/01/2026
Pronounced on : 04/02/2026
1. This writ petition has been filed by the petitioner with the
following prayer :-
"It is, therefore, most respectfully prayed on behalf of
the petitioner that the writ petition may kindly be allowed
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and by an appropriate writ of mandamus, order or
direction:-
a. To quash and set aside the approval under Section 164
of the Indian Electricity Act (Anx.5) dated 04.08.2025 given
by Respondent No.1;
b. to pass necessary directions against the Respondents,
forbearing the Respondent Company from erecting any
high-tension electric tower, transmission lines, foundation
for the tower or any such incidental activity on the
petitioner's land;
c. in alternate direct the respondents to pay
compensation to the petitioner under relevant laws and
guidelines including telegraph act, 1885, Guidelines dated
14.06.2024 and Supplementary Guidelines dated
21.03.2025 issued by the Ministry of Power;
d. Any such other and further reliefs be granted as this
Hon'ble Court may deem fit and proper."
2. The facts, in nutshell, as narrated in the present writ
petition, are that a high-tension line is in process of installation
between Beawar and Mandsaur with approximate length of 273.37
kms. The high-tension line as indicated above is passing through
the land owned by the petitioner falling in Khasra Nos.1453/957,
961/1 and 962/1 situated in Village Agarpura, Tehsil and District
Bhilwara. The installation of one of the tower, more particularly
Tower No.94/0 so also the high-tension line, which would be
passing through the field of the present petitioner, is questioned in
the present writ petition.
3. While arguing the writ petition, learned Senior counsel
appearing on behalf of the petitioner made the following
submissions :-
(i) the respondents are proposing to install tower as well as
high-tension line in a totally arbitrary and discriminatory manner
while applying arbitrary parameters deciding the distance between
two towers.
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(ii) the respondent - Corporation has deviated the route of the
transmission line, which has resulted in direct damage to the
petitioner, as the high-tension line would be passing through the
land owned by the petitioner, which would damage maximum
portion of the land owned by the petitioner without there being
any justification to deviate the line. While elaborating this
submission it was submitted that as a routine, transmission lines
are always installed in a straight line and on account of deviation,
the line has been rerouted and is now proposed to pass over the
land belonging to the petitioner.
(iii) there is a Standard Operating Procedure ('SOP') to be
adopted while installing tower as well as high-tension line,
however, in complete violation of the SOP, the Corporation has
proceeded in high handed manner and are bent upon to install the
tower and also lay down the high-tension line.
(iv) the distance between two towers on either side of the
National Highway is not equidistant. On the one side, the tower is
at a distance of 83 mtrs., however, on the other side, it is about
114 mtrs. It was submitted that if the tower which is proposed to
be installed on the land belonging to the petitioner is also installed
at an equidistant of 83 mtrs., it shall cause minimal loss to the
present petitioner.
3.1 After filing of the writ petition, an additional affidavit was
also filed, wherein a google map has been annexed along with the
conversion orders, so as to indicate that the petitioner's land is
converted land. In addition to it, a communication dated
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21.11.2025 has also been placed on record so as to indicate that
the Corporation is required to abide by certain conditions, which
includes one time processing fee of Rs. 5 lacs and so also the bank
guarantee. It was submitted that the amount as indicated in the
said communication, has been deposited on 22.01.2026 in order
to cover up such lacuna.
Based on the above submission, it is submitted that the
present writ petition deserves to be allowed. The respondents may
either be restrained to install the tower and high-tension line on
the land belonging to the petitioner or appropriate direction be
given to the respondent - Corporation to shift the tower and
install at the boundary of the land belonging to the petitioner so
as to minimize the damage.
4. Per contra, learned counsel appearing for the respondents
vehemently opposed the submissions made by learned counsel for
the petitioner and submitted that the Corporation is installing 765
KV high-tension line between Beawar to Mandsaur in terms of
Notification dated 29.08.2023. It was further submitted that as
many as 734 towers are to be installed for setting up of this 765
KV transmission line and out of 734 towers, 571 towers have
already been installed. It was also submitted that the project is of
National importance and if any tower is proposed on the land
belonging to the petitioner or is creating hindrance in any manner,
then the petitioner is entitled for compensation in accordance with
law.
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4.1 Learned counsel for the respondents further submitted that
there is no intentional deviation of the transmission line as alleged
by the petitioner. As a matter of fact, the guidelines mandate to
have 90 degree angle to be maintained at the time when the
transmission line is crossing the National highway. Considering
such guidelines, the required deviations have been made,
however, this is neither intentional nor in violation of any Rules or
Guidelines.
4.2 He also submitted that the scope of interference in such
matter is very limited. The issue as raised in the present writ
petition was earlier came up for consideration before the Apex
Court as well as before this Court so also before various High
Courts. While referring to the observation made by the Apex Court
in the case of The Power Grid Corporation of India Limited
vs. Century Textiles & Industries Ltd. & Ors. (Civil Appeal
No.10951/2016), decided on 14.12.2016 so also the judgments
passed by various High Courts in the case of The Power Grid
Corporation of India Ltd. vs. Ajay Kumar Gupta & Ors.
(First Appeal No.3253/2011) - Allahabad High Court; Gram
Panchayat Kudi Bhagtasani, Jodhpur & Ors. vs. State of
Rajasthan & Ors. (DBCWP-PIL No.2704/2016) - Rajasthan
High Court; Madan Dan Arha Abd Anr. vs. Rajasthan Rajya
Vidyut Prasaran Nigam Ltd. & Ors. (DB Civil Appeal (Writ)
No.586/2014) - Rajasthan High Court; M/s Mahalaxmi
Industries & Ors. vs. Union of India & Ors. (DB Civil
Petition No.1258/2016) - Rajasthan High Court; Suresh
Kumar Saini vs. Powergrid Corporation of India & Ors.
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(Writ Petition No.2494/2014) - Uttarakhand High Court;
Powergrid Corporation of India Ltd. vs. The State of
Maharashtra & Ors. (Writ Petition No.9315/2015) -
Bombay High Court; Parth Krishnakant Patel vs. Managing
Director / General Manager (Legal Cell) & Ors. (Special
Civil Application No.14617/2022) - Gujarat High Court; Om
Prakash vs. Amit Kumar & Ors. (Civil Revision
No.1826/2014) - Punjab and Haryana High Court; Vijay
Ramchandra Agrawal vs. Power Grid Corporation of India
Ltd. - MP High Court, it was contended that the scope of
interference in such matter is very limited. The petitioner is not
able to show that the transmission line is installed in arbitrary
manner or in violation of any guidelines / norms.
4.3 It was further submitted that as a matter of fact, the
petitioner itself has moved an application for seeking
compensation as per law. The petitioner has also made prayer in
the writ petition for seeking compensation and the respondents
have no objection to consider the claim of the petitioner for
seeking compensation in time bound manner.
4.4 It is also submitted that process of installing Tower No.94/0
on the land belonging to the petitioner has already commenced as
the project is to be completed and the transmission line is to be
made operational on the priority basis.
4.5 Learned counsel for the respondents has further submitted
that while considering SBCWP No.20506/2025 (M/s Cse solar
Projects Pvt. Ltd. vs. Power Grid Corporation of India Ltd. & Ors.),
decided on 08.01.2026, this Court while taking into consideration
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the identical issue, has declined to grant any indulgence while
observing that petitioner's claim for compensation be decided in
time bound manner.
Based on the above submissions, it is submitted that no case
for interference is made out in the present writ petition.
5. Heard learned counsel for the parties and perused the
material available on record.
6. The admitted facts in the present writ petition are that 765
KV line is proposed between Beawar and Mandsaur. As many as
734 towers are to be installed for setting up of 765 KV line, which
would be in between Beawar to Mandsaur at the distance of about
260 Kms. The fact that out of 734 towers, 571 towers have
already been installed, has also not been disputed by the
petitioner.
7. Though the petitioner has questioned the decision of the
respondent - Corporation in deviating the transmission line,
however, the respondents have given a justifiable reason for doing
so. The respondents have adhered to the guidelines, which
mandate that transmission lines should be installed at 90 degree
angle when such lines are passing through National highway.
7.1 Learned counsel for the petitioner was not in a position to
refute the submission made by learned counsel for the
respondents with regard to such requirement and therefore, the
intentional deviation of transmission line is not established.
7.2 Though learned counsel for the petitioner has made
submission that there should be equidistant of 83 mtrs. on both
sides of highway but has not submitted any documents to show
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the norms / guidelines for mandatory distance between two
towers. In absence of such, this Court has no material to
adjudicate that while installing Towers No. 93/0 & 94/0, the
distance and norms have been followed or not. That being so, just
because the shifting of tower would minimize damage to the
petitioner, this Court cannot direct the respondents to shift the
tower.
8. It is to be noted that the total distance between Beawar and
Mandsaur is about 260 kms. and as many as 734 towers are to be
installed and taking note of such long distance, the towers cannot
be readjusted as desired by the petitioner or individual person.
The installation of tower would, of course cause damage to the
petitioner, but for that purpose there are provisions for claiming
compensation. The petitioner has failed to demonstrate that such
deviation or decision to install towers on the field of petitioner has
been taken for malafide or arbitrary reasons. Considering the
project, which is of National importance and more so, considering
the fact that the petitioner would be appropriately compensated in
accordance with law, this Court finds no reason to interfere in the
present writ petition.
9. As an upshot of the above discussion, the present writ
petition fails and is accordingly dismissed.
10. All pending application (s), if any, shall also stand disposed
of.
(SUNIL BENIWAL),J
-Rmathur/-
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