Transmission Line Route- "Ensure Least Displacement To Farmers Or Disturbance To Agricultural Lands": Madras High Court To State
The route should be so planned by the State there is a least displacement of farmers or disturbance to the agricultural lands while keeping the costs of transmission also in mind: Madras High Court
The Madras High Court on Monday (18th January) observed that if transmission towers/lines have to be set up on agricultural lands, then the route should be so planned by the State there is a least displacement of farmers or disturbance to the agricultural lands while keeping the costs of transmission also in mind. The Bench of Chief Justice Sanjib Banerjee and Justice M. M. Sundresh...
The Madras High Court on Monday (18th January) observed that if transmission towers/lines have to be set up on agricultural lands, then the route should be so planned by the State there is a least displacement of farmers or disturbance to the agricultural lands while keeping the costs of transmission also in mind.
The Bench of Chief Justice Sanjib Banerjee and Justice M. M. Sundresh was hearing a plea wherein the petitioner raises an issue as to how transmission lines should be designed so as not to disturb agricultural lands or render large tracts of agricultural fields uncultivable.
Importantly, the Court directed that a copy of the petition be forwarded to the Head of the Electrical and Mechanical Departments in the Indian Institute of Technology, Chennai, for such body to be represented on the virtual mode when the matter appears next.
To this, the petitioner also stated that aspects of the matter such as electromagnetic emission from transmission lines that may have an adverse effect on crop production and even human health may be considered by the Indian Institute of Technology in its report.
To this, the Court was of the view that at present, it appears to be far-fetched to seek transmission lines to be carried underground, particularly, since that could involve huge expenses and, in any event, for such lines to be carried underground, there may be even more disruption in the agricultural activities undertaken, unless the jack-pushing method or boring method, on a limited scale, can be resorted to upon a scientific study being conducted in such regard.
[NOTE: Interestingly, in the year 2019, the Madras High Court had suggested that the Tamil Nadu government consider laying underground cables for transmitting high-tension power so that the possible effect of high voltage causing cancer be neutralized.
Justices N Kirubakaran and S. S. Sundar in their interim order had also issued notices to the Chief Manager of the Power Grid Corporation, Collectors of Karur, Tiruchi and Dindigul and posted the matter for hearing after four weeks.]
Further, in the instant matter, while noting that the State or the appropriate authorities should take the lines of least resistance while choosing the routes of the transmission lines, the Bench remarked,
"It is possible that towers have to be set up on agricultural lands, but the route should be so planned so that there is a least displacement of farmers or disturbance to the agricultural lands while keeping the costs of transmission also in mind."
Lastly, the matter was posted for further hearing on 15th February 2021 along with another writ petition (related to the similar matter and pending before the Single Bench).
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Case title - Nethaji v. Union Of India and others [WP(MD) No.18308 of 2020 and WMP(MD)No.15297 of 2020]
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