Power lines diminish property value; land owner’s objections have to be considered says HC

NT Correspondent

Bengaluru: The objections of the land owners should be considered as per the Telegraph Act as high-voltage power lines diminish the value of the property, the High Court of Karnataka has said in a recent judgement.

The petition before the HC was filed by one Kushbhoo Bansal, a resident of Mangaluru.

A tower and ‘ETH overhead lines’ was proposed to be drawn over the property of Bansal. She had filed a representation before the Karnataka Power Transmission Corporation Limited (KPTCL).

However the Executive Engineer, Major Works Division of KPTCL had rejected this representation, forcing her to approach the HC. Bansal’s petition was heard by Justice BM Shyam Prasad.

Bansal owns nine acres and 89.50 cents of land in Kadandale village in Moodbidri taluk. Her advocate submitted to the court that Bansal’s representation for feasibility of drawing the necessary power lines outside the subject property or in a manner that would not diminish the utility of the subject property had to be considered.

Under Section 16(1) of the Indian Telegraph Act, the Executive Engineer should have considered the representation, the court was told.

When the Court sought the response of the KPTCL, its counsel submitted “that the petitioner’s representation dated 03.10.2023 could be construed as objections as contemplated under Section 16[1] of the Telegraph Act, and in that event, an enquiry would indeed be necessary under the aforesaid provisions.”

The HC in its judgement said that the KPTCL “must necessarily seek such adjudication under Section 16[1] of the Telegraph Act and until such adjudication, the petitioner’s interest cannot be prejudiced.”

Allowing Bansal’s petition, the HC said, “The petition is allowed observing that the third respondent’s order/direction dated 11.10.2023 must be construed as objections that would justify initiation of proceedings by the third respondent under Section 16[1] of the Telegraph Act."