The Bombay High Court dismissed the petition filed by landowners challenging the Goa Tamnar Transmission Project. The court ruled that the project, which involves laying a 400 KV transmission line, serves public interest and complies with the Indian Telegraph Act, 1885, and the Electricity Act, 2003. The court recognized the right of landowners to compensation for any damages caused by the construction but upheld the project's legality.

1. Petition and Allegations

The petitioners, owners of properties in Amona, Bicholim, Goa, objected to the Goa Tamnar Transmission Project. They contended that the project’s alignment violated the Supreme Court's directions and failed to comply with natural justice, claiming that the transmission lines were re-aligned unfairly to their detriment.

2. The Project's Scope and Public Interest

The project involved laying a 400 KV transmission line, essential for providing power to Goa and evacuating power from generation projects. The court highlighted that the project was in the public interest, with the powers for laying the transmission lines conferred under Section 164 of the Electricity Act, 2003, and the Indian Telegraph Act, 1885.

3. Legal Framework and Public Utility

The court discussed the provisions of the Indian Telegraph Act, 1885, under which the government or authorized companies can lay telegraph or electric lines over private land. Section 10 of the Act grants authority to enter private properties to place such lines, with compensation for damages. The Electricity Act, 2003, reinforces this by authorizing transmission companies to exercise the same powers for electricity transmission.

4. Compensation for Landowners

While recognizing the petitioners' right to compensation under Section 10 of the Telegraph Act, the court clarified that the project did not amount to land acquisition but only temporary use. The court assured that compensation for damages would be provided to affected landowners.

5. Dismissal of the Petition

The court concluded that the project was being implemented in compliance with the law and in public interest. The objections raised by the petitioners, including allegations of a lack of natural justice and violation of technical requirements, were found to be without merit.

Acts and Sections Discussed

• Indian Telegraph Act, 1885: Sections 10, 16, and 17
• Electricity Act, 2003: Section 164
• Constitution of India: Article 14 (Right to Equality), Article 21 (Right to Life), Article 31A (Property Rights)

Ratio Decidendi

The court ruled that when the public interest, such as providing electricity, conflicts with individual land rights, the public interest takes precedence, provided the landowners are compensated for any damages caused. The project, implemented under the authority of the Indian Telegraph Act, 1885, and the Electricity Act, 2003, was valid, and there was no requirement for land acquisition.

Subjects:

Land Rights, Public Infrastructure, Electricity Transmission

Goa Tamnar Transmission Project, Indian Telegraph Act, Electricity Act, Public Interest, Land Compensation, High Court Judgment