HC notice over power towers on farmlands

Nagpur: The Nagpur bench of Bombay High Court has issued notices to Mahatransco, Power Grid, Adani Power and others for allegedly erecting power transmission lines on land of Umred farmers without paying them any compensation. The respondents have been asked to file a reply within eight weeks.
Sumathi Ghode, Shankar Punwatkar and 23 other farmers of Umred taluka had filed a writ petition in this regard. The petitioners’ counsel Tushar Mandlekar contended that Works of Licensee Rules 2012 framed by the state government under Section 67 (2) of Electricity Act 2003 were inconsistent with the statute and violative of Article 14, 19, 21 of the Constitution of India.

According to the petitioners, it was necessary to obtain consent of the landowner, local authority for erecting transmission lines. It was also necessary to give the pre-emptive notice to the landowners before carrying out the works. The Works of Licensee Rules, 2012, does not in any manner consider the mode, procedure and manner of consideration of objections of the landowners in pursuance with the notice which is required to be given.

The mode and manner to give hearing to the affected parties in the matter of right of way and in the matter of giving compensation to the landowners in terms of loss of crops as well as land cost and the amount of rent has not been considered while framing the rules. Hence these Rules are contrary to the provisions of Section 67 (2) a, b, c, d, e of Electricity Act, the petitioners said.

The petitioners have also challenged state government resolution issued on May 31, 2017 as it was violative of the procedure prescribed under Section 67 (2) of Electricity Act. According to the petitioners, the government resolution does not provide monthly rent as a compensation to the landowners towards construction of transmission tower unlike mobile tower. The GR does not also give transfer of development right to the land owners nor it gives market rate of the land as per ready reckoner.