- 1 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.104689 OF 2025 (GM-KEB) BETWEEN: 1. SHRI. GANGADHAR REDDY, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. NEAR KALLINATH TEMPLE, TADKAL, TQ. YELBURGA, DIST. KOPPAL-583231. 2. SMT. SHARADA W/O. GANGADHAR REDDY, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. NEAR KALLINATH TEMPLE, TADKAL, TQ. YELBURGA, DIST. KOPPAL-583231. …PETITIONERS (BY SRI. S.A. NINGOJI, ADVOCATE A/W SRI. SADYOJAT R.BALIGATTIMATH, ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LTD., CORPORATE OFFICE AT. KAVERI BHAVAN BENGALURU-560009, REPRESENTED BY ITS MANAGING DIRECTOR, DIRECTOR (ADMN AND HRD) 2. THE ASSISTANT EXECUTIVE ENGINEER (V) TRANSMISSION LINES MAINTENANCE SUB-DIVISION, KARNATAKA POWER TRANSMISSION Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 CORPORATION LTD., MUNIRABAD, DIST. KOPPAL-583231. 3. APAR INDUSTRIES LTD., 301, PANORAMA COMPLEX SB-9 PANORAMA COMPLEX, RC DUTT ROAD, VISWAS COLONY, VADIWADI, VADODARA, GUJARAT-390007. …RESPONDENTS (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE FOR R1 AND R2; SRI. MANOJ J.RAIKAR, ADV. FOR R3 (APPEARED THROUGH VC)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING RESPONDENT NO.2 NOT TO DRAW OR LAY HIGH-TENSION ELECTRICAL LINES OVER THE PETITIONERS' LAND, IN THE INTEREST OF JUSTICE, EQUITY AND ISSUE A WRIT OF MANDAMUS DIRECTING THE ALL THE RESPONDENTS TO PRODUCE ALL THE DOCUMENTS, MATERIALS, PAPERS, SURVEY, MAPS, ETC TO SATISFY/ VERIFY THAT THE SAID PROPOSED ROUTE IS FINALIZED AFTER FOLLOWING THE DUE PROCESS OF LAW TO LAY DOWN 400KV OVER THE HEAD HIGH TENSIONS LINES WHICH WILL PASS FROM THE CENTER PORTION OF THE PETITIONERS LAND AND ETC.,. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 ORAL ORDER The present writ petition is filed seeking following prayer: “1. To issue a writ in the nature of Mandamus or any other appropriate writ, order, or direction, directing Respondent No.2 not to draw or lay high- tension electrical lines over the Petitioners' land, in the interest of justice, equity. 2. Issue a writ of mandamus directing the all the respondents to produce all the documents, materials, papers, survey, maps, etc to satisfy/ verify that the said proposed route is finalized after following the due process of law to lay down 400kv over the head high tensions lines which will pass from the center portion of the petitioners land. 3. Issue such other writ or give such other direction and pass such other order as this Hon’ble Court deems fit and proper in the facts and circumstances of the cases.” 2. It is the case of the petitioners that, petitioners are the absolute owners and purchasers of land in Sy.No.2 measuring 9 acres and Sy.No.3 measuring 10.06 acres both situated in Adavihalli Village, Kukanur Taluk, Koppal District. It is stated that respondent No.2 has issued an endorsement without mentioning the names of the petitioners or the date of issuance, purporting to state that, in accordance with the public utility requirement and the Government Order, work is being undertaken for replacement and strengthening of the existing - 4 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 220 kV DRAKE power transmission line with an equivalent HTLS conductor. The said transmission line originates from 220 kV power substation located in Gadag City, Gadag Taluk, Gadag District and passes through 400 kV ferry power substation and 220 kV power substations culminating at 220 kV switching station situated at Lingapur Village, Koppal Taluk, Koppal District covering a total length of approximately 89.763 kilometres. The said endorsement further indicates that, a tower relating to the aforesaid transmission line is to be erected on the petitioners’ land allegedly pursuant to the said Government Order. It is stated that, respondent No.1 has started laying the transmission line. The petitioners informally requested to cooperate with the construction of the tower and laying of the transmission line on the ground that it is necessary for public utility. It is asserted that, in the event of the damage or loss caused to the existing crops or trees on the said land, KPTCL will disburse compensation as per the rates fixed by the Government and the concerned departments including Revenue, Agriculture, Horticulture and Forest department. - 5 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 3. Learned counsel appearing for the petitioners submits that, the respondents without issuing any notice and without taking consent of the petitioners are laying the lines on their land. The activities undertaken by the respondents may cause damage to the crops and agricultural land due to the effects of electromagnetic waves. It is submitted that, the respondents are bound to follow the procedure as contemplated under the Electricity Act, 2003 and also under the Indian Telegraph Act, 1885. Learned counsel further submits that, the respondents without determining the compensation cannot lay the lines. Hence, there shall be a direction to the respondents to pay the compensation to the petitioners and then lay the lines. 4. Learned counsels appearing for respondent Nos.1, 2 and 3 submit that, by an order dated 16.07.2025, this Court granted an interim order staying the laying of high-tension electric lines on the lands of the petitioners for which, vacate petitions are filed by respondent Nos.1, 2 and 3. In the vacate petition filed on behalf of respondent Nos.1 and 2, it is stated that, there are two old existing towers on the lands of the petitioners i.e. Tower Nos.296-A and 297-A. These two old - 6 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 towers are existing since more than 50 years. The authorities are not removing the existing towers as the said towers are intact. However, they are required to replace the old drake conductor by installing the drake equivalent HTLS conductor so far as in the lands of the petitioners are concerned. It is stated that, the replacement of the old drake conductor by new HTLS conductor is being carried out from 220 KV Gadag substation to 220 KV Lingapur switching station. It is stated that, this activity is for the larger interest of the benefit of the public including the petitioners. As the project is for the public purpose and for the benefit of the public at large, already more than 79% of the work has been executed. In view of the interim order, remaining development work has been stopped. 5. In the vacate petition that is filed by respondent No.3, it is stated that, the respondents are not erecting new towers on the petitioners’ lands but the only work that is being undertaken is, drawing the HDLS conductor through the existing towers. The petitioners suppressed the fact that there are existing towers. Respondent No.3 is carrying out this work under award letter dated 14.03.2024. It is stated that, the consent of - 7 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 the land owner is not required under the Electricity Act, 2003 and the other rules. Section 67 of the Electricity Act does not mandate obtaining consent from the land owner while laying transmission lines. Section 67(2) of the Electricity Act only requires that, before exercising such powers, the licensee or authorized person shall serve a notice upon the owner or occupier of such property and such provision does not require obtaining consent. It is stated that, when a notice is served under Section 67(2), if the owner or occupier has any objection, such person may file objection before the Appropriate Authority. The intent behind Section 67 is to facilitate the development of electrical infrastructure in public interest. It is stated that, the respondents are in exercise of the powers under Section 164 of the Electricity Act and the respondents are bestowed with the powers which the Telegraph Authority possesses under the Indian Telegraph Act, 1885 with respect to placing of telegraph lines and pose to the purpose of a telegraph established or maintained. It is also stated that, no orders can be passed stalling the infrastructure projects. Further, petitioners have an effective alternate remedy under Section 67 of the Electricity Act for filing their objections and if they are aggrieved with the - 8 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 quantum of compensation offered, they have remedy to approach the Appropriate Forum for determination but without availing such remedy, the petitioners have come before this Court. Both the counsels have argued at length. 6. Having heard the learned counsels on either side, perused the material on record. It is an undisputed fact that, already there are two existing towers. Now, the respondents are replacing the old drake conductor by installing the drake equivalent to HTLS conductor. The first submission of the petitioners is that, the consent of the petitioners has to be obtained before laying the lines. This Court do not find force in that submission. When the electric lines are laid in the larger public interest and for carrying out the developmental activities, the consent of the petitioners is not mandatory. However, they are entitled for a notice and they are entitled for compensation. Even according to the petitioners, they have received a notice. It is their case that the notice does not contain all the relevant details. The petitioners are always at liberty to approach respondent Nos. 1 and 2 to seek appropriate compensation in respect of any damage caused to the petitioners’ lands due to - 9 - HC-KAR NC: 2026:KHC-D:907 WP No. 104689 of 2025 the activities carried out by the respondents. The respondents have to determine the compensation and if the petitioners are aggrieved by the compensation that is determined and awarded by the respondents, they have a remedy before the District Judge under Section 16 of the Indian Telegraph Act, 1885. The petitioners without availing all these remedies cannot come before this Court and stall the developmental activities. Hence, this Court is passing the following: ORDER (i) Accordingly, the writ petition is disposed of directing the petitioners to make application to respondent Nos.1 and 2 by 10.02.2026 and the respondent Nos.1 and 2 within two months from 10.02.2026 shall consider their representation and pass orders in accordance with law. (ii) All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT:UMD List No.: 1 Sl No.: 18