1 2026:CGHC:20547 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1944 of 2026 1 - D. B. Power Limited Having Its Registered Office At Block No. 1a, Corporate Block, Db City Park Arera Hills, Opposite Mp Nagar, Zone-I, Bhopal, Dist. - Bhopal (M.P.)- 462016 And Corporate Office At Third Floor Naman Corporate Link, Opposite Dena Bank, C-13, G-Block, Bandra-Kurla Complex, Bandra East, Mumbai, Distt. - Mumbai (M.H.) - 400051 Represented By Shri Shailendra Bajpai S/o Shri D.P. Bajpai, Aged About 45 Years, R/o Village Badadarha Tehsil Dabhara, Dist. Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Energy Department, Mahanadi Bhawan, Naya Raipur, Teh. And Distt. - Raipur (C.G.) 2 - Under Secretary Energy Department Mahanadi Bhawan, Naya Raipur, Teh. And Distt. Raipur (C.G.) 3 - Collector Raigarh, District Raigarh Chhattisgarh 4 - Additional Collector Raigarh, District Raigarh Chhattisgarh 5 - Divisional Forest Officer Forest Division Raigarh, District Raigarh (C.G.) 6 - Sub Divisional Officer (R) Raigarh, District Raigarh Chhattisgarh 7 - Tahsildar Tahsil Raigarh, District Raigarh Chhattisgarh 8 - Naib Tahsildar Raigarh, District Raigarh Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Anand Shukla, Advocate. For State/Res : Shri RK Gupta, Addl AG. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/05/2026 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.05 10:51:31 +0530 2 1. This Writ Petition has been filed against inaction of the respondent authorities who are not taking any action for trimming of trees standing beneath the 400 KV High Tension transmission line, extending approximately 19.88 kilometres and passing through several villages, constructed by the petitioner. The petitioner has obtained the requisite permissions and complied with the directions issued by the competent authorities, however no further action has been undertaken by the respondent authorities to remove the trees beneath the transmission line. 2. According to the petitioner, it has set up a 1200 MW Coal Based Thermal Power Plant at Village Baradarha, District Sakti (earlier Janjgir Champa) Chhattisgarh (Power Plant). For the purpose of transmission of power generated from the said power plant, the petitioner had sought permission for establishment of a 765/400 kV substation at Kotra in District Raigarh by Power Grid Corporation of India Limited, along with approximately 19.88 kilometers long 400 kV double circuit transmission line under Section 24 of the Electricity Act, 2003. 3. Upon due consideration on the application of the petitioner, the State granted approval under Section 68 of the Electricity Act, 2003 to petitioner for the establishment, construction, and post-construction operation and maintenance of the proposed approximately 19.88 kilometer long 400 kV double circuit transmission line from the proposed switchyard of the 1200 MW thermal power plant to the proposed 765/400 kV substation of PGCIL at Kotra in District Raigarh vide order dated 23.06.2011. 4. The petitioner company obtained necessary permission from various departments and in that regard the power telecommunication coordination committee, Government of India vide letter dated 12.11.2012 approved route of extra high tension power lines, the Airport Authority of India also issued NOC for 3 erection of proposed High Tension line on 18.02.2013 and the Government of India, Ministry of Power on 07.03.2013 sanctioned height clearance for erection of 400KW D/C line from DBPL Generating station switch yard to 765/400Kw Raigarh (Near Kotra) pooling station of PGCIL. 5. On 19.06.2014 Central Electricity Authority gave its approval for energization of the said dedicated transmission line under regulation 43 of CEA Safety Regulations 2010. Soon thereafter the said dedicated transmission line was activated and operationalized. Thereafter, the petitioner moved an application dated 10.04.2019 before the learned Sub-Divisional Officer (Revenue), Raigarh, stating that beneath the 400 KV transmission line passing through several villages, trees of various species had grown/been planted, which posed a potential risk of untoward incidents. Accordingly, a request was made to take appropriate decision and necessary action in the matter. Pursuant to the said application, a case was registered bearing no. 202204042100010/A-62/2021-22 by the learned Sub-Divisional Officer and report was called from the Forest Department as well as from the Naib Tahsildar, wherein it was recommended that, from the perspective of safety and proper management, the trees situated beneath the said transmission line be removed, and permission be granted for trimming of such trees under Section 240 of the Chhattisgarh Land Revenue Code, 1959. Accordingly, the learned Sub-Divisional Officer granted permission under Sections 240 and 241 of the Chhattisgarh Land Revenue Code, 1959 for cutting of the affected trees vide order dated 06.04.2022. The petitioner has also paid compensation amount of Rs. 32,32,821 village wise on 20.04.2022. The order dated 06.04.2022 was further affirmed by the learned Additional Collector, Raigarh vide its order dated 27.04.2022 in case no. 11/A-62/2021-22 in order to 4 ensure that no untoward incident, loss of life and property, or fire hazard occurs due to the 400 KV transmission line passing through the villages. Despite holding the requisite permissions in its favour, the Respondent Authorities neither took any action nor petitioner was allowed to undertake trimming of the trees itself. Consequently, the petitioner submitted a representation dated 18.12.2023 before the learned Collector seeking necessary action for cutting of the trees. Pursuant thereto, the learned Collector, vide order dated 26.12.2023, called for a report from the concerned Sub-Divisional Office. Pursuant to the letter dated 26.12.2023, the learned Sub-Divisional Officer closed the proceedings, observing that in the earlier proceedings a report had already been submitted recommending cutting of the trees to ensure safety. However, no further action was undertaken thereafter, and the petitioner’s request remained unresolved. 6. The petitioner again approached the learned Collector, vide letter dated 23.01.2024, submitting that villagers were creating obstructions in the operation of the High Tension transmission line, and requested that necessary action be taken for resolution of the issue. Pursuant thereto, the learned Collector in a repeat manner again called for report from concerned Sub Divisional Officer, however no action has been taken thereafter. Hence this Petition. 7. Learned counsel for the petitioner submits that villagers are creating hurdles in cutting of the trees which are beneath the 400 KV High Tension Transmission line extending approximately 20 kilometers, as such, respondent authorities may be directed to give proper assistance to the petitioner in the trimming of the trees so that the said work may be carried out without any obstruction from the villagers. 5 8. Vide order dated 24.04.2026, learned State counsel was directed to seek instructions in the matter from the respondent authorities i.e. Respondent Nos.5 & 6. Learned State counsel submits that Respondent Nos. 5& 6 have gave assurance that necessary assistance will be given to the petitioner for trimming of trees which are beneath the 400 KV High Tension Transmission line extending approximately 20 kilometers and no hurdles will be created by any person. The said instructions are also covered by the order dated 27.04.2022 (Annexure P/8) passed by the Additional Collector, Raigarh Chhattisgarh and it has been made clear in the said order that for dealing with any nuisance emerging while trimming of trees, Tehsildar and Police Station Incharge are competent to take action in accordance with law. 9. Considering the aforesaid aspect of the matter as also the submissions of the parties, this Writ Petition is disposed of with a direction to the respondent authorities to give proper assistance to the petitioner while trimming of trees and take necessary action in accordance with law if any nuisance is created by any villagers while trimming of trees so that the said operation of the petitioner is conducted as directed by the Additional Collector Raigarh vide order dated 27.04.2022 (Annexure P/8). 10. The concerned Superintendent of Police is also directed to look after the matter and to give proper assistance to the petitioner so that law and order situation is not disturbed by the villagers. 11. With the aforesaid direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash