Chhattisgarh HC rules no prior consent required for electricity transmission lines
RAIPUR: The Chhattisgarh High Court has ruled that prior consent from a landowner is not required for the installation of electricity transmission lines, reiterating that such infrastructure projects serve a larger public interest.
The court stated that landowners are entitled only to compensation and cannot seek an injunction to halt construction. The court noted that Chhattisgarh serves as a power hub, and electricity generation and supply from the state are of paramount importance. It clarified that CSPTCL would not claim ownership of the land where the tower is situated, with ownership remaining with the petitioner. The interim order granted by the court on 15 April 2025 has been vacated.
The High Court observed that while CSPTCL is required to inform the petitioner before entering his land, prior consent is not mandated by the Electricity Act, 2003, and the Telegraph Act, 1885.
Justice Amitendra Kishore Prasad, presiding over a Single Bench, issued the directive to the Chhattisgarh State Power Transmission Company Limited (CSPTCL) and other respondents to provide adequate compensation to the petitioner after a hearing.
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The court also directed the petitioner not to obstruct the construction of electricity transmission towers. Authorities have been instructed to disburse the compensation within 60 days of receiving the order.
The petitioner, a 94-year-old agriculturist, owns 8.73 acres of agricultural land in Korbi village, Baloda tehsil, Janjgir-Champa district. He alleged that CSPTCL had dug 16 large pits and commenced construction of transmission towers on his land without prior notice, consent, or compliance with the mandatory conditions of the approval order dated 11 March 2024 issued by the State Government.
The petitioner had sought a court direction to immediately stop the construction work, arguing that the permission granted by the Chhattisgarh State Government had become void due to non-compliance with its conditions by CSPTCL. He also sought restoration of his land to its original condition, removal of erected structures, and exemplary damages for mental harassment.
The petitioner submitted that approximately 4.86 acres (55.7%) of his land had been "illegally encroached upon and disturbed."
He stated that CSPTCL initiated construction as part of a diversion project necessitated by the construction of National Highway No. 130A. He claimed that 16 pits were dug initially, followed by eight more on 8 March 2025, despite statutory requirements mandating prior identification of affected land in the landowner's presence, payment of compensation, and formal permission from the competent authority upon objection.
The petitioner had raised objections through a legal notice dated 31 December 2024, which he said were disregarded. He further claimed that arbitrary compensation notices were issued without site inspection or his presence, and no compensation was provided for Khasra Nos. 730/5 and 658/8.
Counsels for the respondents argued that the claim of the sanction order being cancelled due to non-compliance was baseless.
They stated that compensation had been duly calculated and offered to the petitioner on 24 June 2024 and 22 January 2025, but the petitioner refused to accept it. They emphasised that under the Electricity Act, 2003, and Section 10 of the Telegraph Act, 1885, prior consent from the landowner is not a requisite for erecting transmission lines, as it is a project of national importance.
The respondents' counsel cited a previous High Court order in Manikant Agrawal and Ors.
v. State of CG and others, which, in similar circumstances and for the same project, granted landowners liberty to raise grievances before appropriate forums.
They also highlighted the State Government's notification dated 13 December 2006, which generally authorises CSPTCL officers under Section 164 of the Electricity Act, 2003, to act as Telegraph Authority for laying electricity transmission lines.
The court referenced Supreme Court rulings in Power Grid Corpn. of India Ltd. v. Century Textiles and Industries Ltd. and Century Rayon Limited v. IVP Limited, which underscore the necessity of unobstructed access for laying electricity transmission lines in the larger public interest for national development.
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