The appeal in the High Court was filed by Udupi Kasargod Transmission Limited against a single judge's 29 March 2023 order.
Published Aug 30, 2023 | 2:40 PM ⚊ Updated Aug 30, 2023 | 2:40 PM
The high capacity power lines were being installed to address the severe power shortage in Kerala. (iStock)
The High Court of Karnataka has set aside the judgement of a single judge bench, which had quashed the approval granted to erect overhead power lines over the properties of 40 farmers in Bantwal Taluk of Dakshina Kannada district, saying the power lines were for public good.
However, the high court also pointed out that these landowners would be entitled to necessary compensation as per the law.
The court said, “Learned senior counsel for the appellant submitted that the alignment of the line for the purpose of installation of overhead power lines is yet to be finalised as regards the properties belonging to the respondents 1 to 40/ writ petitioners is concerned.”
“Needless to state, if in the event, on such alignment, the proposed project is implemented on the land belonging to the respondents 1 to 40/ writ petitioners, they would certainly be entitled to such remedy/ relief as provided under the relevant provisions of law,” the court added.
The appeal in the high court was filed by the Udupi-Kasargod Transmission Limited against a single judge’s 29 March, 2023, order.
The single judge had held that an order of the Union of India and the approval granted by the Central Electricity Authority to install overhead power lines passing through the farms of 40 farmers in Bantwal taluk was “unenforceable” and quashed it.
The Division Bench of Chief Justice Prasanna B Varale and Justice MGS Kamal heard the appeal by the company and gave their judgement recently.
The high capacity 400 KV (quad) double circuit (DC) power lines between Udupi in Karnataka and Kasargod in Kerala were being installed to address the severe power shortage in Kerala.
The company claimed that “upon completion of the project, more than 1000 MW power evacuation capability will be added to the southern power grid and Wayanad sub-station will have a line-in and line-out to Mysore-Kozhikode line. The beneficiaries include not only the people of Kerala but also of Andhra Pradesh, Telangana, Karnataka and Tamil Nadu.”
The high court noted that even the single-judge had noted the “settled principles of law that public interest prevails over private interest and acquisition for public interest falls within the ambit of the doctrine of eminent domain. Learned Single Judge has further opined that though the project in the instant case is for the public purpose.”
Since the alignment of the line for the purpose of installation of the overhead power lines is yet to be finalised, the Division Bench set aside the order of the single judge allowing the appeal filed by the company.
The Udupi-Kasaragod Transmission Company Ltd (UKTL), a special-purpose vehicle under Sterlite Power Grid Ventures Ltd, is implementing the project with the Kerala State Electricity Board’s (KSEB) backing.
The Rural Electrification Corporation Limited (REC), a power finance corporation under the Union Ministry of Power, is funding the project.
Families in Kerala, too, have been protesting against the move to acquire their land. They claimed 85 of the total 91 towers in Kasaragod have already been built.
The protesters alleged that the land was acquired from many people by misleading them.
The agitators have founded a platform, Karshaka Raksha Samiti or the Farmers’ Protection Council, demanding adequate compensation for their land.
The issue, according to Shinooj Chacko, chairman of Karshaka Raksha Samiti, is that if 46 metres of land from an area is taken, only 15 percent of the price will be awarded as fair value.
Despite losing land, the owners will have to pay the full property tax, since the land would still be in their names.
Sathyanathan, a member of the Samiti, concurred that it would be an injustice if adequate compensation is not provided to the people.
(With PTI inputs)
