M.D., M/S. RAMAKRISHNA POULTRY P. LTD. versus R. CHELLAPPAN & ORS.

Citation: [2009] 8 S.C.R. 1055 · Decided: 08-05-2009 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2009] 8 S.C.R. 1055 
,; 
M.D., M/S. RAMAKRISHNA POULTRY P. LTD. 
A· 
-
v. 
R. CHELLAPPAN & ORS. 
(Civil Appe<1I No. ?,41 ~ gf 2009) 
MAY 8, 2009 
B 
[ALTAMAS KABIR AND CYRIAC JOSPEH, JJ.] 
~ 
Telegraph Act, 1885: 
ss. 16, 17 and 10 (d) - Erection of transmission towers c 
and laying the High voltage transmission lines - High Voltage 
wires passing over poultry sheds -
Likely to affect 
performance and health of layer birds - Held: Purchase of 
/,:ind and starting poultry business were effected when survey 
fOr route of transmission line was being undertaken - In view 
of stand of Power Grid Corporation that deviation in 
D 
transmissipn linfJ§ could not be practically achieved, 
Corporation would r[Jise the height of the lowest point of sag 
of transmission lines between two towers on either sides of the 
poultry shed from 46. 5 meters to 56 meters raising the 
E 
clearance to 40' between the lowest point of sag and the 
highest point of poultry shed - Company would be entitled to 
oompensation on account of erection of tower for carrying 
transmission lines over poultry farm in accordance with 
provisions of s. 10 (d) of the Act- Equity- Balance between 
F 
grievance of individual and public interest. 
The appellant company which was engaged in 
poultry farming, purchased land and constructed poultry 
sheds thereon, at about the same time when respondent 
No. 3, the Power Grid Corporation of India Ltd., started G 
.. 
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survey in the area for erecting transmission towers for 
carrying High Voltage electricity current transmission 
wires at various locations. The appellant company 
apprehending that High voltage transmission wires over 
1055 
H 
1056 
SUPREME COURT REPORTS [2009] 8 S.C.R 
A the poultry sheds would adversely affect the performance 
and health of layer birds, filed a writ petition before the 
High Court seeking a realignment of the transmission 
-
lines so that either the poultry sheds could be avoided 
or the height of the tower could be raised. The High Court 
B directed the petitioner company to file objection before 
the District Magistrate, who directed the Corporation to 
realign the transmission power line. Since the proposed 
+ 
realignment was to pass over a portion of the land of 
respondent No. 1, he filed a writ petition challenging the 
c order of the District Magistrate. The Division Bench of the 
High Court set aside the order of the District Magistrate. 
Aggrieved, the company carrying on poultry farming filed 
the appeal. 
D 
Allowing the appeal in part, the Court 
HELD: 1.1. On consideration of the rival submissions 
made on behalf of the respective parties, a balance will 
have to be achieved between the appellant's grievance 
and both the technical as well as techno ecological 
E feasibility of altering the route of the transmission lines 
in keeping with the directions given by the District 
Collector. [Para 26) [1067-A-B] 
.. 
1.2. The purchases of the land by the appellant-
F 
company for starting the poultry business and the 
erection of the poultry sheds were effected at a point of 
time when the process of identifying the route of the 
transmission lines was already in progress and survey 
work was being unclertaken. It cannot be said that the 
appellant-company did not have knowledge of the 
G ongoing project, which is for the benefit of a large 
number of people of the area as against the interest of a 
• .. 
single individual. [Para 27] [1067-G-H; 1068-A] 
1.3. In view of the objections on behalf of the Power 
H Grid Corporation that the deviation in the transmission 
IVl.D., M/S. RAMAKRISHNA POULTRY P. LTD. v. R. 1057 
CHELLAPPAN & ORS. 
lines, as suggested on behalf of the appellant-company, 
A 
• 
ce>uld not be practically achieved, the next best solution 
_,, 
that can be resorted to is to increase the clearance 
b1?tween the lowest point of the sag of the transmission 
cable and the top most portion of the appellant's poultry 
sheds. From the point of the sag on both sides the cable 
B 
moves upwards and the clearance becomes even greater 
on both sides of the lowest spot. [Para 27] [1068-A-C] 
~ 
1.4. The Power Grid Corporation had already 
accepted the alternate suggestion made on behalf of the c 
appellant-company and raised the height of the lowest 
point of sag of the transmission lines between the two 
towers on either side of the poultry sheds of the 
·-· 
appellant-company from 46.5 metres, to 52 metres, which 
in practical terms means a clearance of 30 ft. b

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