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Judgment
1.This application has been filed by the applicant herein praying for restraining the respondent Nos. 4 and 5 and their men and agents from laying high power transmission lines through the agricultural lands of the applicant and other agriculturists of Kayar village and Vembedu village destroying the ecological balance of the said villages. The brief facts of the case of the applicant can be stated as follows:
The applicant herein is an agriculturist owing agricultural lands in Kayar village and a resident of the said village. The 4th respondent herein formulated a scheme for laying Super High Tension Transmission (HTTL) from Pugalur to Ottiampakam village in Sholinganallur Taluk passing through the villages of Vembedu and Kayar. However, the people of the locality as well as the village Panchayat were never made aware about the said proposal of the laying of HTTL by the 4th respondent. The 4th respondent has proposed foundation pits to a depth of 20 m for supporting the massive structure and 4 40 ft x 34 ft pits for each tower in the above scheme. These pits are laid arbitrarily in private lands without any notice intimating about the said proposal and consequences arising thereof. An extent of 36 cents of land is dug up to a depth of 20" for installing the 4 towers put together which roughly covers an area of 126" x 124" leaving intermittent gaps and about 54, 000 cft concrete is laid to fill the excavated pits. Such a massive laying of concrete will severely obstruct or cause damage to the underground water streams which charge the shallow percolation wells which the farmers have developed and these steams will go completely or partially dry. The area does not have sufficient underground water and the wells in the lands are the only source for cultivation and blocking the wells will destroy the entire cultivation. Even if the activity is done for the larger public good, it has to be done in accordance with law. In the instant case, no notice was given to the farmers whose lands are being encroached for laying the foundation pillars for the tower base through which the HTPL will be connected with heavy duty cables and under the guise of laying poles, the 4th respondent is proposing to lay towering structures which will completely jeopardize the ecology of the total village and affect the life of agriculturists and small farmers of Kayar and Vembedu villages.
The 4th respondent is duty bound to study the environmental impact caused by the project and should take prompt steps to keep the impact at minimum with the coordination of the Environment Department and Agriculture Department. However, the 4th respondent in the instant case is not even bothered to conduct the study or survey about the impact of the project on the ecology, crops and the people.
The HTTL were laid upto Vembedu village mostly in Government lands and the 4th respondent's proposal from Vembedu village to Kayar village is aligned in the centre of the village where there are dense vegetation wherein the farmers have raised casuarinas/fruit bearing trees and other agricultural crops in their respective lands which normally grows to a height of 70 to 90 ft and the towers of the 4th respondent is of approximately the same height. The proposed route selected by the 4th respondent for the HPTL via Vembedu village and Kayar village is patently wrong and incorrect since an alternative route is readily available through poromboke and Government land along the periphery of the village thus avoiding the patta lands. While the villagers of Vembedu and Kayar villages are not against the public project and when an alternative and viable alignment is readily available through Government lands in the periphery of these villages, the authorities should not have taken a decision that will affect the ecology of the villages and the livelihood of about 1,000 agriculturists living in these villages.
When they came to know about the 4th respondent's project, the farmers objected to the same and also submitted their objections to the Chairman of the 4th respondent department and also to the District Collector. The Panchayats of Vembedu and Kayar villages as well as the Grama Sabha of these villages have passed resolutions to this effect and the 4th respondent did not even consider the objections raised by the farmers and their suggestion on about the availability of the alternative route. There is no practical problem in taking the alternative route as suggested by the farmers and the 4th respondent only with the sole intention to facilitate the contractor, did not consider the objections raised by the farmers and which would appease the vested interest of the contractor who would otherwise be burdened by taking more number of permissions from the local authorities in taking the alternative alignment suggested by the farmers.
In a similar issue GAIL India Ltd. (GAIL) a Government of India undertaking proposed to lay 'Kochi-Kootanad-Mangalore-Bangalore Pipe Line Project' for supplying natural gas, compressed natural gas and piped natural gas and on notice from GAIL, the concerned land owners whose lands were to be used for laying gas pipe line submitted their objections. Since a large number of objections were received from the farmers, the State Government directed the GAIL to lay pipelines along the National Highway without affecting the agricultural lands. The GAIL moved Hon'ble High Court against the State Government's direction and the Hon'ble Supreme Court is now seized of the matter and the granted interim order in favour of the agriculturists.
The proposal of the 4th respondent for laying HPTL via Vembedu and Kayar villages is against the national policy and principles of the State Government whose aim is to safeguard the poor farmers of the State and also to maintain the ecological balance by safeguarding agricultural lands. The soil depletion occurs when the components which contribute to fertility are removed and not replaced. Topsoil depletion occurs when the nutrient rich organic top soil which takes hundreds to thousands of years to form under natural conditions, is eroded or depleted of its original organic material. Such massive scale of digging and filling can alternatively replace or destroy the surface soil which is home to millions of micro nutrient and micro organisms formed over thousands of years which are essential for agriculture.
The Vembedu and Kayar villages are water starved and there is little groundwater for agriculture. The villages over the past 100 years have developed indigenous shallow percolation wells to support their complex agro system. When massive concrete in the order of 54,000 cft is poured into such small areas, it would completely obstruct/block the sensitive water streams and porous and will completely damage the wells in the area. The electromagnetic waves created along this transmission lines have a severe damaging effect on the health and reproduction of the poultry, sheep and cattle on which the farmers are dependent for their economic sustainability. The pollination activity of the fruit bearing trees/crops will be severely affected in view of the absence of insets and birds due to the heavy electromagnetic waves. The casuarinas and other tall growing trees are under high risk of fire even if they are grown at a distance from these cables since they are highly combustible and sway due to the wind. Most of the farmers and their families are workers themselves in their respective fields working even during nights and staying there in makeshift accommodations. Agricultural works will be at its peak during rainy season and the passage of the lines through the agriculture fields will cause high risk of electric shock to these farmers and their livestock besides causing other economic insurgency due to the laying of each structure under the guise of laying poles under the Telegraphic Act. Having no other efficacious remedy, the applicant herein has filed the application seeking the indulgence of the Tribunal.
Per contra, the first and second respondents, namely, the Tamil Nadu Pollution Control Board (Board) would state in reply that TANTRANSCO awarded the project of laying High Tension Transmission lines to transmit 440 KVA of electricity from Kalivanthapattu Village, Chengalpattu Taluk, Kanchipuram District to Ottiyampakkam Village, Sholinganalur Taluk, Kanchipuram District. The cost of the said project is Rs.300 Crores for laying about 88 High Tension Transmission Towers. The said site was inspected on 24.03.2014 by the Board officials and it was ascertained that one tower at Vembedu eri was under progress. The erection of tower from Kalivanthapattu Village to Vembedu eri has been completed. The work from Vembedu eri to Kayar village to Ottiyampakkam village is yet to be taken up due to the pendency of the application filed by the applicant herein before the Tribunal. The work of erection of tower from Kayar village to Ottiyampakkam village is under progress.
The erection of High Tension Transmission lines to transmit electricity does not come under the provision of the Water (Prevention and Control of Pollution) Act, 1974 (Water Act) and the Air (Prevention and Control of Pollution) Act, 1981(Air Act) and hence it does not require consent from the Board under the provisions of the said Acts. Hence, the Board seeks to pass appropriate orders on the applications.
The third respondent, namely, the District Collector Kanchipuram, would state in reply that the erection of 400 KVA double circuit line from Pugalur to Ottiyampakkam is a Tamil Nadu Government Scheme and it was widely published in Tamil Nadu Government Gazette on 09.11.2011 and local newspaper by the 4th respondent under Section 28 (3) of Electricity Act, 1948. The application is not maintainable on the sole ground that the applicant seeks to challenge the Gazette notification dated 09.11.2011 after a delay of over two and half a years. The 4th respondent has exercised the powers under Section 42 of Electricity Supply Act and Section 10 and 16 of the Telegraph Act, 1885 and no notice is required to be given the owners before laying the poles nor any consent is required from them, as empowered by the said Electricity Supply Act and Indian Telegraph Act, 1885. So, the action of the 4th respondent is not illegal and the 4th respondent is exercising his powers under above said Acts in the larger interest of the people and development of the nation. The towers located in the paddy field will not be a hindrance for free flow of water as alleged by the applicant and the proposed route is approved by the Chief Engineer, TANTRANSCO and this 400 KV line is taken as per the approved route. There will not be any environmental impact or degradation by implementing this project but it will be beneficial to the general public. The procedure for the erection of 400 KV line followed by the 4th respondent for this project is similar to that is being adopted throughout India and there will not be any impact on ecology, people, crops etc. in this region. Moreover, the survey work for assessing transmission route of this route with reference to base line (BEE line) was entrusted to the Institute of Remote Sensing, Anna University and the survey was been conducted for the above said 400 KV line. The 400 KV line has been surveyed and approve in Kayar village by the 4th respondent in such a way to avoid crossing of the line in reserve forest area around Kayar village. The alternative route suggested by the applicant goes through the reserve forest and hence it cannot be considered and the route proposed by the 4th respondent is the shortest possible route with minimum crossing on the cultivable land and trees. The 4th respondent has already erected transmission towers to bring in wind energy (green energy) and has installed 400 KV extra high tension line and the same will be energized end of March 2014 from their substation in Kayathar in Tirunelveli District to Sub Station at Ottiyambakkm in Kanchipuram Dstrict via 400 KV substation at Karaikudi, Pugalur in Karur District and Kalivanthapattu in Kanchipuram District for a total distance of 700 km. The work in the 6 km from Vembedu and Kayar villages are alone stalled due to the pendency of the instant application. The route proposed by the applicant consists of patta lands and also reserve forest area while the line proposed by the 4th respondent is the shortest possible route along the boundary of the village with minimum hindrance so as to avoid the residential area. The 4th respondent intends to cut around 98 palm trees, 12 neem trees in patta lands and poromboke lands, 11 acres of casuarinas trees (not fully grown) in privately owned - commercial crops only and not in hundreds of acre as alleged by the applicant. The farmers will be able to utilize the land beneath the tower line and under the tower area also. They can cultivate any kind of crops. It is false to state that the laying of HTTL will cripple small farmers on the usage of their lands and there will be fire hazards.
The entire project as proposed has been approved by the Government as the demand for electricity is far outstripping supply, and the State has announced this present project bridge the gap. If this project by the 4th respondent is completed, it will be able to provide uninterrupted power supply to the state of Tamil Nadu. Hence, the 3rd respondent seeks to pass further order on the application.
The 4th respondent, namely, the Superintending Engineer, General Construction Circle-II, TANTRANSCO, Chennai would state in reply that there is a deficit of 509.50 MVA in the Chennai City and this deficit will be met through the following 230/110 KV Sub Stations (SS) which will be located at KITS Park 230/110/33-11 KV SS, Siruseri 230/110/KV SS and Taramani 230/110/33 KV SS in Sholinganallur area. In order to feed the above 230 KV SSs, it has become very essential to establish a 400 KV SS at Sholinganallur by extending 400 KV supply from Kalivanthapattu 400/230 KV SS. During the Joint study carried out by TNEB with Central Electricity Authority for the establishment of 400/230 KV Kanarpatty Wind Energy Sub Station, erection of 400 KV Double Circuit line by Tamil Nadu Electricity Board (TNEB) was suggested from the sanctioned Pugalur 400 KV SS to Kalivanthapattu 400 KV SS and in turn connecting Ottiyampakkam 400 KV SS (Sholinganallur). The proposal was discussed in the 23rd meeting of the Standing Committee on Power System Planning of Southern region at Chennai on 22.01.2007 and the same was approved. The TNEB has approved the proposal for the establishment of 400/230-110 KV SS at Sholinganallur at an estimated cost of Rs. 14, 860 lakhs vide TNEB Proceedings. (FB) No. 76 dated 11.04.2007. By virtue of the provisions contained in Sub Section (2) (a) of Section 185 of the Electricity Act, 2003, TNEB being the transmission utility and licensee can exercise the powers of the Telegraph Authority under the provisions of Section 164 of the Electricity Act, 2003 which have already been conferred upon the TNEB under Section 51 of the Indian Electricity Act, 1910. Wide publicity was given through local news papers on 27.08.2011 under Section 28 (3) on the Electricity Act, 1948 about the proposed scheme for which route has been approved by TANTRANSCO vide proceedings dated 25.08.2011 and also it was published in the Tamil Nadu Government Gazette dated 09.11.2011.
The erection of the 400 KV corridors by TNEB would facilitate evacuation of the wind power from Tirunelveli region through the Tirunelveli - Karaikudi - Pugalur 400 KV DC Corridor to the load centers around Chennai/Metro areas. By erection of the above line, the overloading of the Neyveli-Pondy-Sriperumbudur 400 KV Single Circuit line would also be avoided. The TNEB has approved the erection of 400 KV Double Circuit line for a Distance of 325 Km from Pugalur 400 KV SS to Kalivanthapattu 400 KV SS and Sholinganallur 400 KV SS (Ottiyampakkam SS) at an estimated cost of Rs. 878.41 crores vide (Per). B.P No. 137 dated 18.06.2007. The trees that are proposed to be cut are casuarina trees and that too they are commercial crops. Moreover, the long growing trees would be cut at beneath the line only to maintain necessary electrical clearance and the area of trees damaged would be very few acres only in Kayar village and not hundreds of acres as averred by the applicant. Further, necessary crop compensation will be paid to the affected farmers. The type of soil, nature of plantation, climate and ground water table will not be affected by providing this transmission line.
The earth work excavation for the 400 KV line depends on the type of towers. For example, the DA type tower will have a pit size of about 5 m x 5 m and DB, DC and DD will have 7 m x 7 m only and the concrete quantity for each tower per leg are about 20 m3 for DA towers and about 40 m3 for other type towers. DA type tower is a suspension tower, whose weight is lesser (19.60 MT) when compared with angle towers DB, DC and DD. Therefore, the earth work excavation differs according to type of towers. After the completion of foundation concrete work, the excavated pits will be back filled with the same soil and the tower leg portion will be exposed above the ground level (negligible volume in cross section) with meagre volume of land occupation. The towers located in the paddy field will not be a hindrance for flow of water and the farmers can carry on with the agriculture activity after the installation of the towers. Further the proposed route is approved by the Chief Engineer, Transmission of TANTRANSCO and this 400 KV line is taken in the approved route only. As such, the entire project has been proposed by the Government of Tamil Nadu in the larger interest of citizens of Tamil Nadu and after a deep and deliberate discussion, the Government has approved the project. If it is stopped or delayed, it will cause enormous hardship and loss to the Government as well as to the general public. Moreover, if the project is allowed, 4th respondent will be able to provide uninterrupted power supply to the State of Tamil Nadu. Hence, based on the above averments, the 4th respondent seeks to pass further orders on the applications.
The 5th respondent, namely, Gammon India Limited would state in reply that the contract for Package 5 from Veeramannur, Thiruvanamalai District to Ottiyampakkam, Kanchipuram District for a distance of 120 km for a cost of Rs. 345 crores was awarded to the 5th respondent by the 4th respondent on 20.07.2012 and the project is to be completed within a period of 18 months. About 200 persons were working on daily basis and work is not now being carried out due to the interim orders passed by the Tribunal on 07.02.2014. If the project is not completed before the scheduled date as per the contract terms, the 5th respondent reserves the right to claim 10% as liquidated damage. The route was already surveyed by the 4th respondent and there is no deviation on the part of the 5th respondent who has any power to deviate from the approved route. The 5th respondent is carrying out the installation activities as per approved specification and the construction works are monitored by the 4th respondent from time to time. Hence, the 5th respondent prays that the Tribunal may record the above facts and pass appropriate order. The entire proposal of laying the HTTL from Kayathar in Tirunelveli District to Ottiyambakkam,Chennai would cover a distance of 748 km at an estimated cost of Rs.2300 crore and the project is scheduled to be completed by the end of June, 2015. Out of 2058 towers proposed to be erected in the entire length of 748 km, erection of 2030 towers have been completed. The stringing of conductors for the length of about 710 km has also been completed out of which 588 km has been energized. As per the statement of the 4th respondent, the TANTRANSCO 22, tower foundations, 28 tower erections and line stringing for 38 km are yet to be made.
As seen above, this application is brought forth by the applicant, an agriculturist from Kayar village, Tiruporur Taluk to restrain the TRANTRANSCO, the 4th respondent and M/s. Gammon India Pvt. Ltd., the 5th respondent from laying a HTTL through the agricultural lands of the applicant and other agriculturists of the Kayar and Vembedu villages on the grounds set out in the application.
On the pleadings putforth by the parties, the following questions were formulated for decision by the Tribunal:
Whether the application is maintainable since it is barred by Limitation.
Whether the application is maintainable since it is outside the jurisdiction and powers of the Tribunal.
Whether the applicant is entitled to get an order restraining 4th and 5th respondents for laying a HTTL as sought for by him.
To what relief the applicant is entitled to?
Elaborate deliberations were made by the learned Senior Advocate Shri Doraisamy, appearing for the applicant. The reply arguments were also advanced by the learned counsel for all the respondents. The Tribunal paid its anxious considerations on the submissions made and also looked into all the materials made available.
On a scrutiny of the materials made available, the following facts are noticed by the Tribunal:
In pursuance of a joint study carried out by the officials of the TNEB with the Central Electricity Authority for the establishment of 400/230 KV Kanarpatty Wind Energy SS, erection of 400 KV double circuit line by TNEB was suggested from the sanctioned Pugalur 400 KV SS to Kalivanthapattu 400 KV SS and in turn connecting Ottiyamabakkam 4oo KC SS (Sholignanallur). After a discussion in the 23rd meeting of the Standing Committee on Power System Planning of Southern Region at Chennai on 22.01.2007, the proposal was approved. As seen from Annexure R-1, the TNEB approved the proposals vide Board's Proceedings dated 11.04.2007 for the establishment of 400/230-110 KV SS at Sholinganallur at an estimated cost of Rs. 14,860 lakh. The said proposal also indicated the provisions contained in sub section 2 (a) of the section 185 of the Electricity Act, 2003 by which the TNEB is the Transmission Utility and Licensee to exercise the powers of the telegraph authority under the provisions of section 164 of the Electricity Act, 2003 which was already conferred upon the TNEB under section 51 of the Indian Electricity Act, 1910.
The said scheme of 400 KV was proposed to be fed from Pugalur to the ongoing Kalivanthapattu 400 KV SS (Melakottaiyur) and to the proposed Ottiyambakkam (Sholinganallur) 400/230-110 KV SS. The route for the said proposed transmission line was approved by TANTRANSCO by its proceedings dated 25.08.2011 which was also published in the newspapers on 27.08.2011 as shown in Annexure R-2 and it was also published in the Tamil Nadu Government Gazette on 09.11.2011 as shown in Annexure R-3. The entire proposal of 400 KV SS from Kayathar in Tirunelveli District to Ottiyambakkam in Kanchipuram District would cover a distance of 748 km at an estimated cost of Rs. 2300 crore. As per the schedule, the project should be completed by the end of June, 2015. Out of 2058 towers proposed to be erected in the entire length of 748 km, erection of 2030 towers and foundation for 2036 towers are already completed. The stringing of conductors for a length of about 710 km was completed out of which 588 km has already been energized. As per the statement of the 4th respondent, TANTRANSCO, 22 tower foundations and 28 tower erection and line stringing for 38 km are yet to be made.
While the matter stood thus, the applicant has brought forth this application seeking to restrain the 4th respondent TANTRANSCO and the 5th respondent Gammon India (Pvt.) Ltd., who has entered into a contract for the execution of the project with the 4th respondent from laying the HTTL through the agricultural lands at Kayar and Vembedu villages alleging that the same would destroy the ecological balance of the said villages. It is also admitted that the dispute in respect of laying the HTTL through the said villages is only for a stretch of 6 km in which 14 towers were to be erected.
At the time of admission, it was submitted on the side of the applicant that the proposed scheme for laying super HTTL would be passing through the villages of Kayar and Vembedu, but the villagers were not given any notice and if permitted, the project would severely jeopardize not only the proprietary right of the land owners of the villages but also would cause damage to ecology and environment. Being satisfied that there existed a prima facie case, the Bench granted an interim order of stay of the project for laying super HTTL by the 4th respondent until further orders and the same continues to be in force. The respondents on appearance filed their respective replies and the applicant also filed the rejoinder.
Advancing the arguments on behalf of the 4th respondent, the learned counsel Shri. Abdul Saleem would submit that the application is liable to be dismissed since it is barred by limitation. Pointing to Section 14 of the National Green Tribunal (NGT) Act, 2010 the counsel would submit that no application for adjudication under the section can be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose and even if the application is filed beyond the time, it can be entertained within a further period of sixty days provided sufficient cause is shown by the applicant. In the instant case, the respondent has caused paper publication in two local dailies on 27.08.2011 in which one is in the vernacular and other one is in English and subsequently a notification was published in the Tamil Nadu Government Gazette on 09.11.2011 in respect of the route for the erection of transmission lines under the provisions of the Electricity Act, 2003 now vested with the 4th respondent. It is also made clear in both the notification as well as the paper publication that any person might make representation in respect of the above project within one month from the date of issue of publication to the authority as per the Electricity Act, 2003. But, the applicant has filed this application on 04.02.2014 after a lapse of two and a half years from the date of cause of action and knowledge through paper publication and gazette notification. The said period of two and a half years is much beyond the period of limitation specified under Section 14 of the NGT Act, 2010 and the delay is beyond condonation and hence the application is liable to be dismissed on that ground. The learned counsel for the respondent relied on a decision made by the NGT in Application No.414 of 2013 on 07.07.2014 in the matter of Coorg Wildlife Society through its Secretary vs. State of Karnataka and Ors.
According to the counsel, the applicant cannot also maintain the application in view of lack of jurisdiction for the Tribunal to entertain the same. The dispute raised by the applicant does not fall within any one of the enactments referred to in Schedule I of the NGT Act, 2010. The applicant has filed this application under Section 18(1) r/w Section 14 of the NGT ACT, 2010. The Tribunal, under Section 14 can settle the disputes if there is a substantial question relating to environment including enforcement of any legal right relating to environment is involved and such a question arises out of implementation of any of the Acts specified in Schedule I. Section 15 speaks about relief and compensation for the pollution and other environmental damage arising under the enactments specified in Schedule I for restitution of damage to the property and also of the environment. The Schedule I of the NGT Act, 2010 has a list of seven enactments though the applicant has filed the application under sections 14 and 15 of the NGT Act, 2010, the Electricity Act, 2003 and the Indian Telegraph Act, 1885 do not find place in Schedule I of the NGT Act, 2010 and thus the application is not maintainable. The Tribunal has no jurisdiction to entertain the application. In order to substantiate the contention, the learned counsel relied on the following decisions of the Hon'ble Apex Court in W.P. (c) 9337/2009; W.P. (c) 12719 /2009; W.P. (c) 13675/2009 reported in 2013 SCC Online Del 1471 dated 16.04.2013; Judgment of this Tribunal Application No. 414 of 2013 dated 07.07.2014 in the matter of Coorg Wildlife Society through its Secretary vs. State of Karnataka and Ors. in Paragraph 45; Judgment of the Principal bench of this Tribunal, New Delhi in M.A. No.894 of 2014 in O.A. No.26 of 2012 dated 13.01.2015 and thus on the above grounds the application is barred by limitation and the Tribunal has no jurisdiction to entertain the application and the application has got to be dismissed.
Answering to the above contention, the learned Senior Advocate Shri Doraisamy, appearing for the applicant would submit that the present scheme was published in the Indian Express and Namadhu MGR on 27.08.2011 and published in the Tamil Nadu Government Gazette on 09.11.2011. The name of Vembedu village did not figure in the paper publication and in the Gazette Notification in both in Tamil and English version, the name of Kayar village was wrongly given. The villagers of Vembedu and Kayar have first come to know about the said project when the subordinates of the 5th respondent contractors entered the said villages in the 2nd week of January, 2014 for the purpose of survey. Upon coming to know the project, the villagers of both the villages raised protest and made representations to the 3rd and 4th respondents but to no avail. The applicant representing the villages has approached the Tribunal and obtained an order of interim stay on 07.02.2014. According to section 14 (3) of the NGT, Act, 2010 no application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose. The damage to the lands of the villagers is a continuous one i.e., on day-to-day basis. Hence, the application is not barred by time. It is true that the provision of law has been wrongly typed as section 16 instead of section 14 in the application. The respondents cannot be allowed to take advantage of the same and thus the application is well within the time.
Countering the contentions putforth by the respondents' side on the maintainability in view of lack of jurisdiction, the learned Senior Advocate would submit that the application is well within the jurisdiction of the NGT Act, 2010 as per the provisions of the Act. As per section 2 (a) of the Environment (Protection) Act, 1986 (E P Act, 1986), the 'environment' includes water, air, land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property. Section 2 (e) defines 'hazardous substance' which would include electricity also. It was held by the Hon'ble High Court of Allahabad reported in AIR 1998 Allahabad-page 1 in paragraphs 33 and 34 that electricity is a hazardous substance. The Hon'ble Supreme Court has interpreted Section 14 of the NGT Act, 2010 reported in 2013 SCC online Del 1471 as shown under Annexure 6 (page Nos. 25 to 28) that before a matter can be brought to Tribunal, it should fulfil two requirements and the first one is the substantial question arising out of implementation of one or more Acts specified in Schedule I of the NGT Act, 2010. If an applicant fulfils the first requirement, the Tribunal would gave also power to provide one or more reliefs as envisaged in section 15 of the NGT, Act, 2010. A combined reading of the above decisions would make it clear that the subject matter comes under the purview of the E P Act, 1986 which is one of the enactments listed in Schedule I of the NGT Act, 2010. Thus, the Tribunal would have jurisdiction to entertain the application.
In view of rival contentions raised on both sides with regard to the questions relating to the (i) limitation and (ii) lack of jurisdiction, these questions are taken up first for discussion and for decision before going into the merits of the case to resolve the other questions formulated based on the pleadings.
Question Nos. 1 and 2:
After careful consideration of the submissions made and scrutiny of the documents made available by both sides, the Tribunal is of the considered view that neither the application is barred by time nor can it be dismissed for lack of jurisdiction to entertain the same. The applicant, an agriculturist from Kayar village, has filed this application in his capacity as ex-councillor and ex-president of the village Panchayat and has also represented the other agriculturists in both Kayar and Vembedu villages under section 18 (1) read with sections 14 and 15 of the NGT, Act, 2010. Speaking on the original jurisdiction of the NGT, section 14 of the NGT Act, 2010 reads as follows:
"14. Tribunal to settle disputes: - (1) The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved and such question arises out of the implementation of the enactments specified in Schedule I.
(2) The Tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and settle such disputes and pass order thereon.
(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose.
Provided that the Tribunal may, if satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period of sixty days".
A reading of the above provision would make it clear that before an application is brought forth before the Tribunal, the application should fulfil the twin requirements of which firstly, it should involve a substantial question arising out of implementation of one or more of the Acts specified in Schedule I to the NGT Act, 2010. Even if the applicant is able to satisfy the above requisite, the Tribunal can adjudicate the dispute only if it is made within a period of six months from the date on which the cause of action first arose and the Tribunal for the sufficient cause can condone the delay for a period of not exceeding 60 days in making the application. Pointing the provisions, the learned counsel for the contesting respondents would contend that the application was made beyond the prescribed period of limitation. Contrarily, it is pleaded by the applicant that the application is well within the time.
It is true that the 4th respondent caused two paper publications regarding the project, one in vernacular and other in English on 27.08.2011. It is also true that the notification was published in the Tamil Nadu Government Gazette on 09.11.2011 in respect of the route for the erection of transmission lines under the provisions of the Electricity Act, 2003. It was also made clear that any representation in respect of the above project might be made to the authorities within one month therefrom. According to the respondents, in view of the publication made in the dailies and also the notification in the Government Gazette, there was a delay of two and half years since the application was filed on 04.02.2014. This contention cannot be countenanced as the applicant has not challenged the notifications issued in respect of the transmission lines. If done so, the period of limitation has to be reckoned therefrom. As rightly pointed out by the learned Senior Advocate for the applicant the name of Vembedu village did not figure in the newspaper publication dated 27.08.2011 and also in the Gazette notification. The people of the locality as well as the Panchayat were never made known about the said proposal of the transmission line by the 4th respondent and no notice was given about the project and when they came to know of the project, the villagers raised protest and approached the Tribunal. It is specifically pleaded by the applicant that the farmers of the villages will be put to untold hardships and agony in the event of implementation of the said project by cutting down the casuarina trees and other plantations and permanently preventing agriculture for raising crops in future and cause continuous sufferings of farmers and as such the application was will within limitation as per section 14 of the NGT Act, 2010. As rightly pointed out by the learned Senior Advocate for the applicant, the indication of section 16 in the application while filing the same, is only a typographical error instead of section 16 of the NGT Act, 2010. Thus, in view of the above circumstances, it cannot be stated that there was any delay on the part of the applicant in approaching the Tribunal after gaining the knowledge about the project.
Equally, the Tribunal has to necessarily disagree on the contention putforth by the respondents' side that the application cannot be maintained in view of lack of jurisdiction for the Tribunal to entertain this application. Speaking on the jurisdiction, section 14 of the NGT Act, 2010 reads as follows:
"14. Tribunal to settle disputes: - (1) The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved and such question arises out of the implementation of the enactments specified in Schedule I.
(2) The Tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and settle such disputes and pass order thereon".
Section 15 of the NGT Act, 2010 reads as follows:
Relief, compensation and restitution: - The Tribunal may, by an order, provide,-
(a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);
(b) for restitution of property damaged;
(c) for restitution of the environment for such area or areas, as the Tribunal may think fit.
(2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public liability Insurance Act,1991 ( 6 of 1991).
(3) ***
(4)***
(5)***
From the very reading as pointed out earlier the applicant should fulfil twin requirements that it should involve a substantial question which should arise out of one or more of the Acts specified in Schedule I of the NGT Act, 2010 which reads as follows:
Schedule I
The Water (Prevention and Control of Pollution) Act, 1974;
The Water (Prevention and Control of Pollution) Cess Act, 1977;
The Forest (Conservation) Act, 1980;
The Air (Prevention and Control of Pollution) Act, 1981;
The Environment (Protection) Act, 1986;
The Public Liability Insurance Act, 1991; and
The Biological Diversity Act, 2002.
Under Section 15, the Tribunal has got wide powers to provide single or plural reliefs as envisaged under the provisions under the NGT Act, 2010.
What is contended by the contesting respondents is that under Section 164 of Electricity Act, 2003 the State Government has conferred upon the licensee, namely, TNEB a power of placing electrical lines/electrical plant for transmission of electricity. Under Section 40 of Electricity Act, 2003 the 4th respondent TANTRANSCO, being a transmission licensee is empowered to build, maintain and operate an efficient, co-ordinated and economical intra-state transmission system and thus the entire subject matter of the application falls within the ambit of Electricity Act, 2003 and the Indian Telegraph Act, 1885. But, both the Electricity Act, 2003 and the Indian Telegraph Act, 1885 do not find place in Schedule I of the NGT Act, 2010 and hence the application is not maintainable before the Tribunal. Here again, it remains to be stated that the applicant has not challenged the notifications issued. The applicant has sought for the relief to restrain the 4th and 5th respondents from laying a HTTL through the agricultural lands of the said villagers destroying the ecological balance. He has specifically pleaded that the interest of poor farmers has to be safeguarded and also the ecological balance has to be maintained by safeguarding the agricultural lands. Specific averments were made in the application that if the project is allowed to be carried out it will have an adverse impact on the agricultural lands and plantations by loss of surface soil fertility, water depletion, loss of ecology, fire hazards, electric shock and safety and economic insurgency. As rightly pointed out by the applicant's side, the factual situation would attract the provisions of E P Act, 1986 which is an enactment that finds place in Schedule I of the NGT Act, 2010. Taking into consideration the specific averments made by the applicant and also reliefs sought for as stated above it has to be held that the application can be maintained before the Tribunal.
Question Nos. 3 and 4:
Advancing the arguments on the merits of the applicant's case seeking an order to restrain the 4th and 5th respondents from laying the HTTL through the agricultural lands of the both the villages, the learned Senior Advocate for the applicant would submit that the proposed scheme in laying the super HTTL in the middle of both the villages was arbitrary and illegal. The 4th respondent has not taken into consideration the destruction of casuarina, coconut trees and other plantations raised in hundreds of acres due to the laying of HTTL would cause ecological imbalance and environmental degradation. The valid objections raised by the farmers who were fully depending on the agricultural lands were thoroughly ignored to suit to the convenience of the 5th respondent, contractor. Though alternative route was suggested by the farmers, the same was not considered by the 4th respondent and if the alternative alignment suggested by the farmers was taken into consideration it would have resulted in minimal damage. Referring to the Annexure 12 filed by the applicant in the typeset, the counsel pointed out that the proposal for establishment for 400/ 230-110 SS at Sholinganallur was only approved by TNEB under its proceedings dated 11.04.2007. From the paper publications and also the notification in Tamil Nadu Government Gazette relied on by the respondent it would be quite clear that the approval was not given by the appropriate Government. It is true that there is no proper approval from the appropriate Government. The Government order in G.O. Ms.No.16 dated 23.03.2012 is only an order conferring power under section 164 of the Electricity Act, 2003. The G.O. cannot be given retrospective effect to validate the TNEB's proceedings dated 11.04.2007.
In reply to the above contention, the counsel for the 4th respondent would submit that the Government of Tamil Nadu vide G.O. Ms.No.16 dated 23.03.2012 has approved and empowered TANTRANSCO and TANGEDCO to exercise such powers for placing electric supply lines for the transmission of electricity as a telegraph authority possesses under the provisions under the Indian Telegraph Act, 1885 under Section 164 of Electricity Act, 2003.
In the considered opinion of the Tribunal, the above contention putforth by the applicants' side does not arise on the grounds that the applicant has not challenged any of the proceedings, Government order or notifications in respect of erecting the transmission lines and hence he cannot be allowed to question the validity of the same. It is also pertinent to note that the villagers have specifically averred that they are not against this public project. The relief sought for is based on two grounds that the proposed route selected by the 4th respondent for the project would not only cause damage to the agriculture but also destroy ecological balance of the said villages and apart from that, when an alternative route is available for laying the transmission lines, the 1st respondent should not take the lines through the villages destroying casuarina and other trees raised in 100 acres of land.
On 20.08.2014, it was submitted by the learned Senior Advocate appearing for the applicant that there was a fire accident in Kayar village. Hence, a report was called for from the 3rd respondent, District Collector in that regard. Following the direction of the Tribunal, the 3rd respondent, District Collector, made an inspection on 30.08.2014 along with the revenue and TNEB officials in the presence of the public. The District Collector submitted a report which reads as follows:
"a) A fire accident took place in a portion the casuarina tree plantation at SF No.1033 of Kayar village of Thiruporur Taluk of Kanchipuram District with total extent of 4.265 hectares on 06.04.2014. The patta stands in the name of Tmt.Jayalakshmi in Patta No.817. Only some casuarina crops were seen black in colour on the ground surface. One LT line is passing through the Casuarina plantations at the spot but there is no evidence to prove that the fire has occurred because of LT line. Because the casuarina crops are not burnt and the entire field has got mixed green crops and black crops. No fire accident occurred at any other place at Kayar village.
b) The fire service and rescue department log book has mentioned about the accident. It was a small fire accident and brought under control within 30 minutes.
c) So no investigation was conducted by any authorities and hence the identification of source of fire does not arise.
d) The photographs (3 Nos.) of the site inspection are enclosed herewith for the Hon'ble Green Tribunal for kind perusal".
Along with the above report, the 3rd respondent, District Collector made a report the present status of the erection of 400 KV Double Circuit line from Kalivanthapattu 400 KV SS to Ottiyambakkam 400 KV SS. He has pointed out that the tower foundation of 65 locations was completed out of 88 locations and the erection of tower has been completed in 30 locations and the remaining works were under progress. Line stringing work was completed for 7 km out of 26.981 km. The expenditure so far incurred for this project was Rs. 36 crore. The tower foundation for 14 locations could not be completed in Kayar and Vembedu villages due to the objection by the concerned villages and the interim stay granted by the Tribunal. Out of 14 locations, 11 fell in Kayar Village. A joint inspection was conducted by the TNEB and revenue officials to find out the exact locations, survey numbers and the present status of the lands in which the tower foundations were proposed to be located in Kayar village. The details in respect of survey numbers, classification of land, name of the patta holder, and crops cultivated in the lands covered by each tower were also attached to the report. It is pertinent to point out that out of the lands covered under 10 towers to be erected out of 11, they were classified as wetlands while 1 is shown as dry land. But, out of these lands 10 were noticed as fallow while casuarinas trees were found in 2 of those lands. The 3rd respondent has pointed out the most of the lands were lying fallow and further the HTTL towers proposed to be installed would be for a height of 60 ft from the ground level and hence any kind of cultivation could be carried out without any hindrance. After seeing the above report a query was made in respect of the survey numbers of the lands through which the proposed transmission line was to be taken. It was submitted by the respondents' side that in view of the protest by the villagers, the officials could not collect the data and necessary direction was required to be issued to the villagers in that regard. A direction was issued to the Revenue Divisional Officer and Tahsildar concerned to conduct a proper survey and submit a report indicating the survey Nos. of the lands through which the transmission line was to be taken and a direction was issued to the villagers to extend their co-operation. After making the inspection, a joint inspection report was made by the Revenue Divisional Officer and Tahsildar 26.09.2014. The joint inspection report contains the details of survey numbers of the lands, name of the land owner along with patta number Vembedu village in which the proposed 400 KV transmission line would pass through. All the pieces of land falling under
40 sub divisions of different survey Nos. though classified as wet, were all noticed vacant. Equally, the joint inspection report in respect of Kayar village contains the details of survey numbers of the lands, name of the land owner along with patta number of Kayar village in which the proposed 400 KV transmission line would pass through. In respect of Kayar village, all the pieces of land falling under 374 sub divisions of different survey numbers most of them though classified as wet remain vacant except a few where casuarinas trees have been planted. At the time of inspection, out 374 pieces of land 277 were seen vacant, 44 pieces of land were found with casuarina plantation, 41 pieces of land were with paddy and other crops and 13 pieces of land were with other utilities like road etc. It is pertinent to point out that the joint inspection was made in the last of week of September, 2014. As per the report the details of land owners in the 400 KV transmission line crossing the Vembedu and Kayar villages in Kanchipuram District as furnished by the RDO, Chengalpattu are as follows:
Vembedu Village
Sl.No
Survey No.
Classification
Patta
Name of the Pattadar
Crops
No.
cultivated
1
430/1B
Wet
420
Ramakrishnan
vacant
2
430/1C
Wet
1027
Ravi
vacant
3
430/2A
Wet
630
Panchacharan
vacant
4
430/2 B
Wet
434
Ramakrishnan
vacant
5
430/2C
Wet
305
Panchacharam
vacant
6
430/3
Wet
1027
M.Ravi
vacant
7
430/4
Wet
420
Ramakrishnan
vacant
8
430/5
Wet
988
Perema
vacant
9
431/1
Wet
352
Masilamani
vacant
10
431/2A
Wet
202
Subramanian
vacant
11
431/2B
Wet
815
Muniammal
vacant
12
431/2C
Wet
816
Ganeshnayakar
vacant
13
431/2D
Wet
815
Muniammal
vacant
14
431/2E
Wet
202
Subramanian
vacant
15
431/2F
Wet
815
Muniammal
vacant
16
432/1
Wet
102
Kaniappan
vacant
17
432/2
Wet
312
Natesan
vacant
18
432/3
Wet
509
Jaganathan
vacant
19
432/4
Wet
102
Kaniappan
vacant
20
432/5
Wet
102
Kaniappan
vacant
21
432/6
Wet
88
Kabali
vacant
22
432/7
Wet
103
Rani ammal
vacant
23
432/8A
Wet
103
Rani ammal
vacant
24
432/8B
Wet
509
Jaganathan
vacant
(TOWER
Loc.No:47/0)
25
432/9
Wet
102
Kaniappan
vacant
26
432/10
Wet
626
Sekar
vacant
27
432/11
Wet
509
Jaganthan
vacant
28
432/12
Wet
626
Sekar
vacant
29
435/1
Wet
104
Sekar
vacant
30
435/2
Wet
860
Sivalingam
vacant
31
435/3A
Wet
713
Mannadhan
vacant
32
435/3B
Wet
469
Veera raghavan
vacant
33
435/3C
Wet
469
Veera raghavan
vacant
34
435/3D
Wet
469
Veera Raghavan
vacant
35
435/3E
Wet
469
Veera Raghavan
vacant
36
436/1
Wet
104
Sekar
casuarina
37
436/2
Wet
104
Sekar
casuarina
38
436/3
Wet
723
Mannadhan
casuarina
(TOWER
Loc No:48/0)
39
436/4
Wet
636
Damodharan
vacant
40
436/5
Wet
217
Chandhirammal
vacant
Kayar Village
Sl.No
Survey No.
Classification
Patta
Name of the Pattadar
Crops
No.
cultivated
1
1071/1
Dry
41
Abdul Raup (Chennai)
casuarina
2
1071/2
Dry
1002
Amirthammal, W/oThagil
casuarina
Seshappa Naicker (1),
Ramalingam (2)
3
1092/2B
Dry
33
Ambika, W/O.
casuarina
Lakshmipathy
4
1092/2C
Dry
1278
Sitrarasu, S/o.
casuarina
(Tower)
Kothandaraman
5
1092/2D
Dry
737
Rameswari w/o
casuarina
Gnanamani
6
1093/1A
Dry
608
Mallika w/o Jayabal
casuarina
7
1093/1B
Dry
40
Alamelu w/o Ramadass
casuarina
8
1093/1C
Dry
40
Alamelu w/o Ramadass
casuarina
9
1093/2
Dry
120
Elumalai s/o Vanrasi
casuarina
Naicker
10
1093/3
Dry
120
Elumalai s/o Vanrasi
casuarina
Naicker
11
1070/1
Wet
120
Elumalai s/o Vanrasi
Casuarinas
Naicker
12
1070/2A
Wet
737
Rameswari w/o
casuarina
Gnanamani
13
1070/2B
Wet
784
Veerapathiran s/o
casuarina
Varadappan
14
1070/3
Wet
845
Mohananraman s/o
casuarina
Govinda Naicker (1)
Ramanujam s/o Govinda
Naicker (2)
15
991
120
Elumalai s/o Vanrasi
casuarina
16
990
Wet
341
Seenuvasan s/o Sundra
casuarina
Naicker
17
992/2
Wet
120
Elumalai s/o Vanrasi
casuarina
18
992/3
Wet
120
Elumalai s/o Vanrasi
casuarina
19
983/1
Wet
1655
Thulasingam s/o Selvaraj
Vacant
20
983/2
Wet
380
Selvaraj s/o Murugesan
Vacant
21
896/1A 1
Wet
1531
Sridevi W/o
Casuarina
Chandrasekaran
22
896/1A 2
Wet
1532
Deenadayalan, S/o
Casuarina
Chakarapani
23
896/1B
Wet
120
Elumalai , S/o Vanrasi
Road
24
896/2A 1
Wet
1532
Deenadayalan, S/o
Casuarina
Chakarapani
25
896/2A 2
Wet
1621
Mohanaraman, S/o
Road
Govinda naicker
Manimegalai,W/o
Ramanujam
26
896/2B
Wet
120
Elumalai , S/o Vanrasi
Road
27
982/1
Wet
662
Mohanaraman, S/o
Casuarina
Govinda naicker
28
982/2 A
Wet
1621
Mohanaraman, S/o
Casuarina
Govinda naicker
Manimegalai,W/o
Ramanujam
29
982/2 B
Wet
1531
Sridevi w/o
Casuarina
(TOWER)
Chandrasekhar
30
982/2 C
Wet
1532
Deenadayalan s/o
Casuarina
(TOWER)
Chakkrapani
31
993/1
Wet
662
Mohanaraman, S/o
Casuarina
Govinda naicker
32
993/2
Wet
40
Alamelu w/o Ramadass
Casuarina
33
989/1
Wet
1657
Thulasingam s/o Selvaraj
Vacant
34
989/2
Wet
1658
Dhanasekaran s/o
Vacant
Selvaraj (1) Thulasingam
s/o Selvaraj(2)
35
989/3
Wet
1659
Dhanasekaran s/o
Vacant
Selvaraj
36
897/1
Wet
100
Elumalai s/o Kannappan
Vacant
37
897/2A1
Wet
100
Elumalai s/o Kannappan
Vacant
38
897/2B1
Wet
191
Kadumbadiammal w/o
Vacant
Lakshmanan
39
897/2B 2
Wet
191
Kadumbadiammal w/o
Vacant
Lakshmanan
40
897/1
Wet
100
Elumalai s/o Kannappan
Vacant
41
897/2A 1
Wet
100
Elumalai s/o Kannappan
Vacant
42
897/2 A 2
Wet
100
Elumalai s/o Kannappan
Vacant
43
897/2 B 1
Wet
191
Kadumbadiammal w/o
Vacant
Lakshmanan
44
897/2 B 2
Wet
191
Kadumbadiammal w/o
Vacant
Lakshmanan
45
902/1
Wet
303
Sakuntala w/o Karnan
Casuarina
46
902/2 A
Wet
303
Sakuntala w/o Karnan
Casuarina
47
902/2B
Wet
303
Sakuntala w/o Karnan
Casuarina
48
903/ 1 A
Wet
429
Dhanusu s/o Elumalai
Casuarina
49
903/2 A
Wet
1274
Alemelu w/o Dhanusu
Casuarina
0
903/2 B
Wet
1274
Alemelu w/o Dhanusu
Casuarina
51
905/1A
Wet
541
Paramasivam s/o
Vacant
Dhanusu
52
905/1B
Wet
541
Paramasivam s/o
Vacant
Dhanusu
53
905/2 A
Wet
541
Paramasivam s/o
Vacant
Dhanusu
54
905/2 B
Wet
303
Sakuntala w/o Karnan
Casuarina
55
901/1 A
Wet
303
Sakuntala w/o Karnan
Casuarina
56
901/1 B
Wet
557
Balasundaram s/o
Casuarina
Lakshmanan
57
901/2
Wet
557
Balasundaram s/o
Casuarina
Lakshmanan
58
907
Wet
541
Paramasivam s/o
Vacant
Dhanusu
59
906/1 A
Wet
541
Paramasivam s/o
Road
Dhanusu
60
906/1 B
Wet
541
Paramasivam s/o
Casuarina
Dhanusu
61
906/ 2 A
Wet
541
Paramasivam s/o
Casuarina
Dhanusu
62
906/ 2 B
Wet
303
Sakuntala w/o Karnan
Casuarina
63
912/1
Wet
700
Ramamoorthy s/o
Casuarina
Manickam
64
912/2
Wet
303
Sakuntala w/o Karnan
Casuarina
65
912/3
Wet
303
Sakuntala w/o Karnan
Casuarina
66
910
Wet
147
Ganesan s/o Elumalai
Vacant
( TOWER)
67
911/ 1A
Wet
318
Sarangan s/o Adimoolam
Vacant
68
911/ 1B
Wet
358
Subramani s/o
Vacant
Adimoolam
69
911/ 1C
Wet
485
Devarajan s/o Kaliya
Vacant
Mudaliar
70
911/ 2
Wet
521
Nagarathinam w/o
Vacant
Subramani
71
909/1
Wet
685
Rajamanickam s/o
Vacant
Ganajan
72
909/2
Wet
541
Paramasivam s/o
Vacant
Dhanusu
73
923/1
Wet
447
Thiruneelakandan s/o
Vacant
Munnusamy
74
923/2
Wet
650
Muniammal w/o
Casuarina
Velayudham
75
923/3
Wet
205
Kallachiammal w/o Angu
Vacant
Nayakar
76
923/4
Wet
1088
Jayaraman s/o Kalyan
Vacant
naicker and two members
77
862/1
Wet
447
Thiruneelakandan s/o
Vacant
Munnusamy
78
862/2
Wet
931
Subramani s/o Natesan
Vacant
79
862/3
Wet
447
Thiruneelakandan s/o
Vacant
Munnusamy
80
860/1
Wet
524
Nalammal w/o
Vacant
Bakthavachalam
81
860/2
Wet
524
Nalammal w/o
Vacant
Bakthavachalam
82
860/3
Wet
147
Ganesan s/o Elumalai
Vacant
83
861/1 A
Wet
Symala W/o Devarajan
Vacant
84
861/1 B
Wet
317
Saraugpani s/o Manickam
Vacant
85
861/2
Wet
692
Rajammal w/o
Vacant
Tiruvenkatam
86
861/3
Wet
692
Rajammal w/o
Vacant
Tiruvenkatam
87
871/ 1 A
Wet
485
Devaraj s/o Kalya
Vacant
88
871/ 1 B
Wet
735
Rajeswari w/o
Vacant
Loganathan
89
871/ 12
Wet
448
Thiruloganayaki w/o
Vacant
Thiruneela kandan
90
857/1
Wet
303
Sakuntala w/o Karnan
Vacant
91
857/2
Wet
303
Sakuntala w/o Karnan
Vacant
92
857/4
Wet
303
Sakuntala w/o Karnan
Vacant
93
857/3
Wet
278
Ranganathan s/o
Vacant
Kanniappan
94
857/5
Wet
278
Ranganathan s/o
Vacant
Kanniappan
95
857/6
Wet
278
Ranganathan s/o
Vacant
Kanniappan
96
857/7
Wet
278
Ranganathan s/o
Vacant
Kanniappan
97
856
Wet
182
Kanagavalli w/o Ramu
Vacant
98
854/1
Wet
4
Varadaraja Perumal Kovil
Vacant
99
854/3
Wet
485
Devarajan s/o Kalya
Vacant
Mudalian
100
854/12
Wet
485
Devarajan s/o Kalya
Vacant
Mudalian
101
854/14
Wet
485
Devarajan s/o Kalya
Vacant
(TOWER)
Mudalian
102
854/4A
Wet
661
Jagadeesan s/o Mohan
Vacant
103
854/4B
Wet
1780
Pratheebha D/o
Vacant
Thangavel
104
854/5
Wet
1395
Balakrishnan s/o
Vacant
Thiruneelakandan
105
854/6 A
Wet
447
Thiruneelakandan s/o
Vacant
Munnusamy
106
854/6 B
Wet
648
Muthusamy s/o
Vacant
Munnusamy
107
854/15
Wet
447
Thiruneelakandan s/o
Vacant
Munnusamy
108
854/18
Wet
447
Thiruneelakandan s/o
Vacant
Munnusamy
109
854/16
Wet
1256
Shyamala w/o Devarajan
Vacant
110
854/17
Wet
692
Rajammal w/o
Vacant
(TOWER)
Thiruvankadam
111
854/11
Wet
692
Rajammal w/o
Vacant
Thiruvankadam
112
854/13
Wet
692
Rajammal w/o
Vacant
Thiruvankadam
113
854/19
Wet
1342
Kannan s/o Arumugam
Vacant
114
854/20
Wet
1342
Kannan s/o Arumugam
Vacant
115
854/21
Wet
1342
Kannan s/o Arumugam
Vacant
116
854/22
Wet
429
Dhanusu s/o Elumalai
Vacant
117
854/23
Wet
429
Dhanusu s/o Elumalai
Vacant
118
854/10
Wet
1779
Janaki w/o Neelakandan
Vacant
119
854/6C
Wet
155
Kalyani D/o Rajagopal
Vacant
120
854/7 B
Wet
655
Meganathan s/o Kanmani
Vacant
121
854/7A
Wet
218
Kali s/o appadurai
Vacant
122
854/8
Wet
1192
Arumugam s/o
Vacant
Ponnapppan and 5
Persons
123
854/9
Wet
265
Govindasamy s/o
Vacant
Vedachalam
124
853/1 A
Wet
1342
Kannan s/o Arumugam
Vacant
125
853/1B
Wet
1342
Kannan s/o Arumugam
Vacant
126
853/2 A
Wet
559
Punniakotti s/o Kali
Vacant
127
853/2 B
Wet
594
Mani s/o Arjunan
Vacant
128
848/2
Wet
530
Padmavathi w/o Vanrasi
Vacant
129
848/3
Wet
1610
Mohana w/o Duraivel
Vacant
130
848/4
Wet
700
Ramamoorthu s/o
Vacant
Manickam
131
848/1
Wet
203
Siva s/o Kannapillai
Vacant
132
850
Nil
-
Govt.Land
Vacant
133
847
Wet
700
Ramamoorthy s/o
Vacant
Manickam
134
330/1A
Wet
686
Ramachandran s/o
Vacant
Kannapan
135
330/1B
Wet
686
Ramachandran s/o
Road
Kannapan
136
330/2A
Wet
754
Loganathan s/o
Vacant
Kannappan
137
330/2 B
Wet
754
Loganathan s/o
Road
Kannappan
138
330/3 A
Wet
1536
Pushpa w/o
Vacant
Balasundaran
139
330/3 B
Wet
1518
Paravthi w/o
Vacant
Dakhinamoorthy
140
330/3 C
Wet
1518
Paravthi w/o
Road
Dakhinamoorthy
141
321/1
Wet
882
Mani s/o Arjunan
Vacant
142
321/2 A
Wet
883
Manivannan s/o
Vacant
Ramakrishnan
143
321/2 B
Wet
1708
Dinesh Kumar s/o Prasad
Vacant
Rau
144
321/3
Wet
1635
Dinesh Kumar s/o Prasad
Vacant
Rau
145
321/5
Wet
530
Padmavati w/o Vanrasi
Vacant
146
321/6
Wet
883
Manivannan s/o
Vacant
Ramakrishnan
147
321/7
Wet
700
Ramamoothy s/o
Vacant
Manickam
148
335/1
Wet
569
Perumal s/o Ganapthy
House
149
335/2
Wet
569
Perumal s/o Ganapthy
Road
150
334/1 A
Wet
103
Elumalai s/o Seenappa
Vacant
(TOWER)
Naicker
151
334/1 B
Wet
1420
Kothandaraman s/o
Paddy
nagamuthu (1)
Jayakodi w/o
Kothandaraman (2)
152
334/2
Wet
530
Padmavati w/o Dhanusu
Vacant
153
334/3
Wet
530
Padmavati w/o Dhanusu
Vacant
154
334/1
Wet
415
Dhanalakshmiammal W/o
Vacant
Chinnasamy
155
331 (Tower)
Wet
4
Varadaraja Perumal Kovil
Vacant
156
332/2
Wet
3
Adeswarar Kovil
Vacant
(Tower)
157
333/1
Wet
1345
Balasundaram S/o
Vacant
Raghavan
158
333/2
Wet
702
Ramadass S/o
Vacant
Thangavel
159
333/3
Wet
702
Ramadass S/o
Vacant
Thangavel
160
340/1
Wet
1419
Jayakodi W/o
Vacant
Kothandaraman
161
340/3
Wet
1419
Jayakodi W/o
Vacant
Kothandaraman
162
340/2
Wet
515
Iyyappan S/o Arumugam
Vacant
163
340/4
Wet
515
Iyyappan S/o Arumugam
Vacant
164
340/9
Wet
515
Iyyappan S/o Arumugam
Vacant
165
340/7
Wet
1544
Krishnamoorthy S/o
Vacant
Chinnasamy
166
340/10
Wet
1593
Kannapiran S/o
Vacant
Chinnasamy
167
340/11
Wet
1593
Kannapiran S/o
Vacant
Chinnasamy
168
340/14
Wet
1593
Kannapiran S/o
Vacant
Chinnasamy
169
340/15
Wet
1593
Kannapiran S/o
Vacant
Chinnasamy
170
340/16
Wet
18
Arjunan S/o Kullappan
Vacant
171
340/5
Wet
1594
Krishnamoorthy S/o
Vacant
Chinnasamy
172
340/6
Wet
385
Sokkammal W/o Perumal
Vacant
173
340/8
Wet
1593
Kannapiran S/o
Vacant
Chinnasamy
174
340/13
Wet
559
Punniakotti S/o Kali
Vacant
175
340/12
Wet
797
Vanrasi S/o Appadurai
Vacant
176
340/17
Wet
569
Perumal S/o Ganapati
Vacant
177
340/18
Wet
160
Kannappan S/o
Vacant
Ponnappan
178
341
Wet
702
Ramadass S/o
Vacant
Thangavel
179
343/1
Wet
324
Chinnasami S/o Kali
Vacant
180
343/2
Wet
662
Mohanaraman S/o
Vacant
Govinda Naicker
181
343/3
Wet
214
Kali S/o Apparav
Vacant
182
343/4
Wet
415
Dhanalakshmiammal W/o
Vacant
Chinnasamy
183
342/1
Wet
1593
Kannapiran S/o
Paddy
Chinnasamy
184
342/3A
Wet
1593
Kannapiran S/o
Paddy
Chinnasamy
185
342/2
Wet
324
Chinnasami S/o Kali
Paddy
186
342/3B
Wet
1411
Chinnasami S/o Kali
Paddy
187
342/3C
Wet
1518
Parvati W/o
Vacant
Dakshinamoorthy
188
342/4
Wet
324
Chinnasami S/o Kali
Ragi
189
352
Wet
1168
Megu S/o Arumugam and
Vacant
Four Members
190
270/1
Wet
1518
Parvati W/o
Vacant
Dakshinamoorthy
191
270/2
Wet
1518
Parvati W/o
Paddy
Dakshinamoorthy
192
268/1
Wet
1593
Kannapiran S/o
Corn
Chinnasamy
193
268/2
Wet
408
Dhanalakshmiammal W/o
Corn
Muthu
194
353/1
Wet
703
Raniammal W/o
Paddy
Kannamani
195
353/2
Wet
703
Raniammal W/o
Paddy
Kannamani
196
353/3
Wet
703
Raniammal W/o
Paddy
Kannamani
197
267/1
Wet
1552
Muthu S/o Kali
Vacant
(Tower)
198
267/2
Wet
860
Krishnaveni (1)
Vacant
Dhanalakshmi (2)
199
354/1A
Wet
1683
Seenivasan S/o
Angular
(Tower)
Ranganathan. 1
ground
200
354/1B
Wet
1685
Seenivasan S/o
Angular
(Tower)
Ranganathan. 1
ground
Ramachandran S/o
Ranganathan.2
201
354/1C
Wet
1684
Ramachandran S/o
Angular
(Tower)
Ranganathan.
ground
202
354/2
Wet
279
Senbagavalli W/o
Angular
Arjunan
ground
203
262/1A
Wet
491
Navamani D/o
Vacant
Gangadurai Naicker
204
262/1B1
Wet
1683
Srinivasan S/o
Vacant
Ranganathan
205
262/1B2
1684
Ramachandran S/o
Vacant
Ranganathan.
206
262/2
Wet
1233
Arumugam S/o
Vacant
Munusamy
207
357/1
Wet
1522
Radhakrishnan S/o
Vacant
Natarajan
208
357/2
Wet
1523
Ravisankar S/o Natarajan
Vacant
209
357/3
Wet
1521
Manoharan S/o
Vacant
Natarajan
210
358/1
Wet
1524
Vankatesan S/o
Vacant
Natarajan
211
358/2
Wet
1524
Vankatesan S/o
Vacant
Natarajan
212
355/1
Wet
1233
Arumugam S/o
Vacant
Munusamy
213
355/2A
Wet
1233
Arumugam S/o
Ragi
Munusamy
214
355/2B
Wet
1233
Arumugam S/o
Road
Munusamy
215
355/3A
Wet
1245
Radhakrishnan S/o
Vacant
Parasuraman
216
355/3B
Wet
1245
Radhakrishnan S/o
Road
Parasuraman
217
355/4A
Wet
662
Mohanaraman S/o
Ragi
Govinda Naicker
218
355/4B
Wet
662
Mohanaraman S/o
Road
Govinda Naicker
219
356/1
Wet
892
Arumugam S/o
Vacant
Munusamy.1
Chandra W/o Arumugam
220
356/2
Wet
892
Arumugam S/o
Vacant
Munusamy.1
Chandra W/o Arumugam
221
386/1
Wet
746
Lakshmi W/o Vadivel
Vacant
(Tower)
222
386/2
Wet
746
Lakshmi W/o Vadivel
Vacant
(Tower)
223
361/1A
Wet
1523
Ravishankar S/o Nataraj
Vacant
224
361/1B
Wet
1521
Manoharan S/o Nataraj
Vacant
225
361/2A1
Wet
1523
Ravishankar S/o Nataraj
Vacant
226
361/2A2
Wet
1522
Radhakrishnan S/o
Vacant
Natarajan
227
361/2 A3
Wet
1524
Venkatesan s/o Nataraj
House
228
361/2 B
Wet
1524
Venkatesan s/o Nataraj
Road
229
384/1
Wet
582
Ponnurangam s/o
Vacant
Kalliyan
230
384/2
Wet
1590
Hemanthkumar s/o Babu
Vacant
231
384/3
Wet
1581
Hemanthkumar s/o Babu
Vacant
232
387/1 A
Wet
897
Arumugam s/o
Vacant
Munnusamy
233
387/1 B
Wet
52
Arumugam s/o
Vacant
Munnusamy
387/1 C
Wet
898
Palayam s/o Rathinam
Vacant
234
387/2
Wet
549
Palayam s/o Rathinam
Vacant
235
389/1
Wet
1521
Manoharan s/o Natraraj
Vacant
236
389/2
Wet
1523
Ravisankara s/o Nataraj
Vacant
237
389/3
Wet
1525
Ravisankar s/o Nataraj
Vacant
and three members
238
388
Wet
3
Adeswarar Kovil
Vacant
239
390/1
Wet
350
Sundaram s/o Palandi
Vacant
240
390/2
Wet
1522
Radhakrishnan s/o
Vacant
Nataraj
241
391/1
Wet
1554
Balusamy s/oVaradan
Vacant
242
391/2
Wet
1524
Venkatesan s/o
Vacant
Natarajan
243
391/3
Wet
1524
Venkatesan s/o
Vacant
Natarajan
244
392/1
Wet
292
Sathyaseelan s/o
Vacant
Sathyanathan
245
392/2
Wet
73
Isravel s/o Abraham
Vacant
246
392/3 A
Wet
304
Vedachalam s/o Cherian
Vacant
247
392/3 B
Wet
73
Isravel s/o Abraham
Vacant
248
395/1 A
Wet
304
Vedachalam s/o Cherian
Vacant
249
395/1B
Wet
304
Vedachalam s/o Cherian
Vacant
250
395/1C
Wet
304
Vedachalam s/o Cherian
Vacant
251
395/1D
Wet
304
Vedachalam s/o Cherian
Vacant
252
453/1
Wet
98
Elumalai s/o
Vacant
Balakrishnan
253
453/2
Wet
437
Damodaran s/o Varadn
Vacant
254
453/3 A
Wet
551
Balusamy s/oVarardan
Vacant
255
453/3 B
Wet
636
Murugammal w/o
Vacant
Jagadeesan
256
442/1 A
Wet
304
Vedachalam s/o Cherian
Vacant
257
442/4A 1
Wet
304
Vedachalam s/o Cherian
Vacant
258
442/4 A 2
Wet
304
Vedachalam s/o Cherian
Vacant
259
442/4 A 3
Wet
304
Vedachalam s/o Cherian
Vacant
260
442/1 B
Wet
582
Ponnurangam s/oKalliyan
Vacant
(TOWER)
261
442/2
Wet
582
Ponnurangam s/oKalliyan
Vacant
(TOWER)
262
442/5
Wet
437
Damodaran s/o Varadan
Vacant
263
442/3
Wet
498
Natraj s/o Kallian
Vacant
(TOWER)
264
442/4 B
Wet
Vedachalam
Vacant
265
451/1
Wet
569
Perumal s/o Ganapathy
Vacant
266
452/2
Wet
569
Perumal s/o Ganapathy
Vacant
267
451/3
Wet
498
Natraj s/o Kalliyan
Vacant
268
443/1
Wet
582
Ponnurangam s/o
Vacant
Kalliyan
269
443/2
Wet
498
Natraj s/o Kalliyan
Vacant
270
439/1 A
Wet
1408
Jayalakshmi w/o Ravi
Vacant
271
439/1 B
Wet
109
Annammal w/o Palani
Vacant
272
439/2 A
Wet
294
Chandran s/o appu
Vacant
273
439/2 B
Wet
166
Kathiravel s/o Ragavan
Vacant
274
439/2 C
Wet
326
Sigamani s/o Durairaj
Vacant
275
445
Wet
500
Elumalai s/o Mayan
Vacant
276
438/1
Wet
1250
Nandagopal s/o
Vacant
Parasuraman
277
438/2
Wet
1247
Indira w/o Gangadaran
Vacant
278
438/3
Wet
1247
Indira w/o Gangadaran
Vacant
279
446/1
Wet
838
Mohana w/o Manmadan
Vacant
280
446/2
Wet
838
Mohana w/o Manmadan
Vacant
281
431
Wet
1423
Ramakrishna s/o
Vacant
Arumugham
282
432/1
Wet
561
Punniakotti s/o
Vacant
Vengusamy
283
432/2
Wet
1423
Ramakrishna s/o
Vacant
Arumugham
284
432/3
Wet
561
Punniakotti s/o
Vacant
Vengusamy
285
430/1
Wet
1413
Nirmala D/o Kasi
Vacant
Naicker
286
430/2
Wet
1316
Maharani w/o
Vacant
Mahalingam
287
430/3
Wet
1374
Rajendran s/o Balaraman
Vacant
288
429/1 A
Wet
863
Devendran s/o Perumal
Vacant
289
429/1 B
Wet
863
Devendran s/o Perumal
Vacant
290
429/2
Wet
569
Perumal s/o Ganapathy
Vacant
291
427/1
Wet
747
Lakshmi w/o
Vacant
Ramakrishnan
292
427/2 A
Wet
569
Perumal s/o Ganapathy
Vacant
293
427/2 B
Wet
1250
Nandagopal s/o
Vacant
Parasuraman
294
427/2C
Wet
1707
Saravanan s/o Kumar
Vacant
295
427/2 D
Wet
1601
Manivannan s/o Perumal
Vacant
296
428/1
Wet
561
Punniakotti s/o
Vacant
(TOWER)
Vengusamy
297
428/2
Wet
108
Elumalai s/o
Vacant
(TOWER)
Veerapathiran
298
543/1 A
Wet
1356
Elumalai s/o
Vacant
Veerapathiran
299
543/ 1 B
Wet
1356
Elumalai s/o
Vacant
Veerapathiran
300
543/ 3
Wet
1356
Elumalai s/o
Vacant
Veerapathiran
301
543/ 4 A
Wet
1356
Elumalai s/o
Ladies
Veerapathiran
finger
302
543/4 B
Wet
1356
Elumalai s/o
Vacant
Veerapathiran
303
543/4 C 1
Wet
1356
Elumalai s/o
Vacant
Veerapathiran
304
543/4 C 2
Wet
1356
Elumalai s/o
Brinjal
Veerapathiran
305
543/ 2 B
Wet
1355
Elumalai s/o
Vacant
Veerapathiran
306
543/2 A
Wet
108
Elumalai s/o
Vacant
Veerapathiran
307
543/ 5 A
Wet
1355
Elumalai s/o
Vacant
Veerapathiran
308
543/ 5 B
Wet
108
Elumalai s/o
Vacant
Veerapathiran
309
425/1
Wet
243
Mohan s/o Murugesan
Vacant
310
425/2
Wet
243
Mohan s/o Murugesan
Vacant
311
425/3
Wet
243
Mohan s/o Murugesan
Vacant
312
425/4
Wet
1684
Ramachandra s/o
Vacant
Ranganathan
313
425/5
Wet
1683
Seenivasan s/o
Vacant
Ranganathan
314
425/6
Wet
1382
Vijaya w/o Prabhakaran
Vacant
315
425/7
Wet
1384
Kasi s/o Parasuraman
Vacant
316
425/ 8 A
Wet
150
Gajendran s/o
Vacant
Munnusamy
317
425/8 C
Wet
150
Gajendran s/o
Vacant
Munnusamy
318
425/ 8 B
Wet
773
Vijayarangan s/o
Vacant
Kuppammal
319
425/8 D
Wet
1615
Velu s/o Munusamy (1)
Vacant
Magesh s/o Munusamy
(2)
320
425/8 E
Wet
1615
Velu s/o Munusamy (1)
Vacant
Magesh s/o Munusamy
(2)
321
425/ 8 F
Wet
1615
Velu s/o Munusamy (1)
Vacant
Magesh s/o Munusamy
(2)
322
425/8 G
Wet
1170
Gajendran s/o
Vacant
Munnusamy and four
members
323
546/1 A
Wet
474
Devaki w/o Elumalai
Vacant
324
546/1 B
Wet
1445
Devaki w/o Elumalai
Vacant
325
546/1 C
Wet
928
Balaraman s/o Vengu
Vacant
naicker(1)
Kamachi w/o
Veerabhadran (2)
326
546/ 2 A 2
Wet
1375
Munusamy s/o
Vacant
Damodaran
327
546/2 B
Wet
1258
Elumalai s/o Gajendran
Vacant
(1)
Ramadas s/o Gajendran
328
424/1 A
Wet
80
Amuda w/o Dharman
Vacant
329
424/1 B
Wet
Vacant
330
424/1 C
Wet
80
Amuda w/o Dharman
Vacant
331
424/2 A
Wet
774
Vijayarangam s/o
Ladies
Nagappan
finger
332
424/2 B
Wet
1615
Velu s/o Munusamy
Ladies
finger
333
424/3 A
Wet
1379
Munusamy s/o
Vacant
Damodaran
334
424/3 B
Wet
773
Vijayarangan s/o
Vacant
Kuppammal
335
548
Wet
561
Punniakotti s/o
Vacant
Vengasamy
336
549
Wet
561
Punniakotti s/o
Vacant
Vengasamy
337
582/1
Wet
Bitter
gourd
338
582/2
Wet
904
Dharman s/o Arjunan
Ladies
finger
339
582/3
Wet
904
Dharman s/o Arjunan
Vacant
340
582/4
Wet
904
Dharman s/o Arjunan
Vacant
341
583/1 A
Dry
503
Nataraj s/o Jagannathan
Palm Tree
342
583/1 B
Dry
244
Gengappan s/o
Palm Tree
Murugesan
343
583/1 C
Dry
1127
Gengappan s/o
Palm Tree
Murugesan and three
persons
344
583/1D
Dry
371
Jayaraman S/o
Palm Tree
Arumugam
345
583/1G
Dry
371
Jayaraman S/o
Palm Tree
Arumugam
346
583/1F
Dry
21
Arjunan S/o Murugesan
Palm Tree
347
583/1E
Dry
503
Natarajan S/o
Palm Tree
Jaganathan
348
583/1H
Dry
927
Ramakrishnan S/o
Vacant
(Tower)
Arumugam (1)
Jayaraman S/o
Arumugam (2)
349
583/2
Dry
72
Anandaraman S/o
Vacant
Chinnadurai
350
423/1
Wet
438
Thayarammal W/o
Vacant
Arjunan
351
423/2
Wet
1371
Arumugam S/o Natarajan
Vacant
352
423/3
Wet
905
Thayarammal W/o
Vacant
Arjunan (1)
Alemelu W/o Natarajan
(2)
353
421/1
Wet
1371
Arumugam S/o Natarajan
Vacant
354
421/2A
Wet
1371
Arumugam S/o Natarajan
Vacant
355
421/2B
Wet
438
Thayarammal W/o
Vacant
Arjunan
356
422/1
Wet
904
Dharman S/o Arjunan
Vacant
357
422/3
Wet
904
Dharman S/o Arjunan
Vacant
358
422/2
Wet
Vacant
359
584
Dry
517
Narayansamy S/o
Vacant
Kanniappan
360
585
Wet
738
Manimekalai W/o
Vacant
Ramanujam 1
Rajkumar S/o
Ramanujam 2
Ragul S/o Ramanujam 3
361
600/1
Wet
699
Durairaj S/o Raman
Coconut
362
600/2
Wet
699
Durairaj S/o Raman
Coconut
363
600/3
Wet
699
Durairaj S/o Raman
Coconut
364
600/4
Wet
699
Durairaj S/o Raman
Coconut
365
600/5
Wet
699
Durairaj S/o Raman
Coconut
366
598 (Tower)
--
Govt. Land
Vacant
367
599/1
Wet
699
Durairaj S/o Raman
Coconut
368
599/2
Wet
699
Durairaj S/o Raman
Coconut
369
586
Wet
1361
Mohanraj S/o
Vacant
Paduvamani
370
587/1
Wet
134
Anandaraman S/o
Vacant
Chinnadurai
371
588
Wet
134
Anandaraman S/o
Vacant
Chinnadurai
372
589
Wet
699
Durairaj S/o Raman
Vacant
373
597
Wet
699
Durairaj S/o Raman
Coconut &
Teak
374
590
Wet
72
Anandaraman S/o
Vacant
Chinnadurai
Advancing the arguments on the above grounds, the learned Senior Advocate for the applicant submits that the laying of super HTTL is entirely a new phenomenon in our country and to protect the people, safeguard the people, agriculture and livestock from the imminent danger of transmission lines. The CEA, the umbrella organization in this field has formulated statutory guidelines regarding the safety and also for formulating transmission line routes etc. A reading of the Regulations 64 and 65 of the CEA (measures relating to electric supply) 2010 would clearly indicate that if safety norms are not strictly adopted, agriculture and other cultivations would become highly risky and impossible within the vicinity of the towers and tower lines and the same would cripple the small and marginal farmers from continuing agriculture within 220 ft (67 m) Electric Safety Zone and beyond since the above will lead to fragmentation of land as well as putting severe restrictions on agricultural operations. For example, pipelines for irrigation cannot be passed underneath the lines, usage of tractors, mechanical sprayers, harvesters and other agricultural tools will be rendered unsafe in the vicinity of the transmission line. There are restrictions on storage and transport of agricultural produce which would be a handicap to the farmers. Agriculture field is often cleaned by way of firing after the harvest and the ash would act as manure and help in the maintenance of pH the soil which is very essential for productivity. From the admission made by the 4th respondent through the report of the RDO dated 26.09.2014, the extent of land involved would be 113.5 acres belonging to 375 (wrongly indicated as 379 in view of jump in the serial numbers in the tabulation statement) different pattadars in Kayar village and 40 different pattadars in Vembedu village and totalling to 415 pattadars. The contention putforth by the 4th respondent that even after the pillars are erected, the agricultural operation was possible and there would not be any hindrance to the flow of water is thoroughly wrong. There would be substantial degradation of environment involved in the implementation of the said project. The alternative route suggested by the applicant and also the Grama Sabha passing through 70% of the poromboke/wasteland and 30% through reserve forest is more feasible and implementable also. The original route envisaged by the 4th respondent passing through 100% of agricultural land and casuarina plantation is not feasible and should not be allowed in view of taking away entire interest of agriculture apart from causing hardship and degradation to the ecology. While 10.77 km of social forest was utilised for the scheme, the 4th respondent is unable to explain as to why not the reserve forest to a length of 2.73 km can be considered and utilized. The 4th respondent had admitted before the Hon'ble High Court of Madras in a writ petition that 11 acres of casuarina trees in privately owned lands would be destroyed which would mean that at the rate of 4000 trees per acre, totally 44,000 casuarina trees would be cut. In addition to this, according to the 4th respondent only 98 palm trees and 12 neem trees would be cut and removed. But, this factual position putforth by the 4th respondent is not correct. In so far as remaining 72.74 acres out of 11.5 acres is very vital to the marginal farmers of Kayar and Vembedu villages for growing paddy, ragi, corn, vegetables etc., for their requirement of food and hay for livestock. The above also clarifies the rich bio-diversity of the villages and if the transmission line is allowed through the villages, no doubt, it would cause damage to the environment and ecology. The transmission line would bifurcate the village hamlets of Kayar and Vembedu and other surrounding villages. The alternative route suggested by the villagers was fully endorsed by the Grama Sabhas of both the villages by passing necessary resolutions. The 30% of the reserve forest around Kayar village also mainly consists of shrubs, thorny bushes and a few casuarina trees. The land through reserve forest is rocky and arid in nature and unfit for any plantations. The Regulation of CEA also suggests avoidance of areas having large trees in view of overall economy and keep cutting of trees to the minimum and also to avoid areas with large habitation and densly populated areas while routing the transmission line. The route proposed by the 4th respondent would end in cutting of fully grown 1557 trees of 12 different varieties and casuarina trees consisting of 1,63,040 spread in 40.76 acres which will be gross violation of law. The copy of the reserve forest clearance has been obtained for running a similar 400 KV DC line connecting Thiruvalam-Melakottaiyur (Kanchipuram District) in favour of Power Grid Corporation of India Ltd., Kalivanthapattu, Chennai for a distance of 2.567 km which is filed would amply prove that the obtaining of reserve forest clearance is possible in a similar situation. When the 4th respondent has admitted that 400 KV transmission line has already been taken along the social forest to a distance of more than 10 km, there is no bona fide on the part of the 4th respondent in avoiding reserve forest in the instant project. The only difference is that in the social forest, the trees are planted whereas the trees grow naturally in the reserve forest. The suggestion of the alternative route by the villagers is also in line with the land use maps obtained from the Institute of Remote Sensing of the Anna University which is filed in Annexure 2 of the applicant's type set. Under the given situation, a study has to be made for assessing the environmental impact. Apart from that, the consents of the TNPCB are also necessary. In view of the above grounds, the respondents should be restrained from implementing the project of taking a super HTTL through the said villages.
Vehemently opposing the case of the applicant, the learned counsel for the contesting respondents would submit that the present route for the erection of HTTL was selected after a thorough study and survey and the alternative route suggested by the applicnt was not at all acceptable for the main reason that it runs through the reserve forest and hence it is not feasible. The learned counsel submitted at length as to how the present route selection is the best possible techno-economic route and for what reasons the alternative route proposal cannot be accepted. As stated above, the entire project was proposed to create a green corridor for the purpose of non-conventional energy between Kayathar to Ottiyambakkam and establish 400 KV SS at Sholinganallur and the said project of laying transmission line is a part and parcel of entire line of 748 km at an estimated cost of Rs. 2300 crore. Out of 2058 towers proposed in the entire stretch, erection of 2030 tower has been completed and stringing of conductor for a length of 710 km has also been completed. In the 710 km stretch 588 km has been energized. The dispute in the instant application is erection of HTTL for the stretch of 6 km through Kayar and Vembedu villages in which only 14 towers are to be erected. Though it is pleaded in the application that both the villages are densely vegetated and cultivation in large scale is being done, nowhere it has been averred in the application that both the villages are densely populated with large scale habitations and thus it is a new case putforth at the time of arguments. Hence, the contention putforth in this regard pointing to the provisions of the Regulations of CEA (Measures Relating to Electric Supply), 2010 has to be rejected. It is the pleaded case of the applicant that the installation of towers would affect cultivation in entirety and would destroy the casuarinas planted in 100 acres of land, other plantations including fruit bearing trees and other agricultural crops and thus it would cause environmental degradation and damage to bio-diversity.
Pending the arguments, in order to ascertain the factual position on ground, the Tribunal thought it fit to direct the District Collector, Kanchipuram to make a joint inspection with the Revenue and TNEB officials and accordingly, the District Collector made the joint inspection in Kayar and Vembedu villages on 26.09.2014 along with the Revenue and TNEB officials In the Joint Inspection Report, the District Collector has given all the details in respect of the lands through which the transmission line has to pass through, classification of the land, survey numbers, owner of the land and how the land is being used in both the villages of Kayar and Vembedu. In respect of Kayar village, the transmission line has to pass through 375 pieces of land owned by different persons which have been classified as wetlands and out of these 375 pieces of land, 277 were found vacant during the joint inspection which works out to 74.06%, casuarina trees were planted in 44 bits of land which works out to 11.76%, paddy and other cultivation carried is out in 41 pieces of land which accounts for 10.96% and 13 pieces of land in 3.22% utilised for other purposes like road etc. In respect of Vembedu village, out of 40 pieces of land, 37 pieces of land are vacant which is 92.5% and 3 pieces of land where casuarina trees were planted which is 7.5%. The applicant did not dispute the contents or the factual particulars furnished in the joint inspection report. The Tribunal is also not able to see any reason or circumstance not to act upon the same. From the perusal of the report placed by the revenue authorities after making a thorough inspection it is quite evident that out of the location of the proposed 14 towers, 12 were found vacant. In so far as the pieces of land through which the transmission path of the lines is proposed, as seen from the report, many of them are vacant and fallow. Only a few were found with paddy crop or vegetables. As rightly pointed out by the learned counsel for the respondents, more than 80% of the lands in aggregate in both the villages of Kayar and Vembedu were found vacant. The explanation given by the applicant that during September month there would not be any cultivation and hence the lands were found vacant cannot be accepted. It is pertinent to point out that in some of the lands paddy cultivation was found at the time of inspection and hence the case of the applicant that if the towers were to be erected cultivation in majority of the land could not be done would loose force. Equally, the contention that if the towers are installed no cultivation can be undertaken cannot also be accepted in view of the evidence adduced by the respondents to show that cultivation even after erection of the towers is possible. The photographs filed by the 4th respondent in respect of the towers erected for the very same project would clearly reflect that the cultivation is being done below those towers. Another contention that EIA of the project is required apart from the necessary consents from the TNPCB has no legal force. No statute contemplates or requires any EIA or EC or Consents from the Pollution Control Board for the erection of transmission towers. The main grievance ventilated by the applicant is that the erection of the towers and transmission line would destroy agricultural operations and damage the plantations has no supportive evidence. Even assuming to be so, the cultivation can be carried out even after erection of towers. It remains to be stated that how the same would cause degradation of ecology and cause damage to the environment.
It was also contended by the applicant's side that erection of towers would affect surface soil fertility and also cause depletion of water since each of the four legs of the towers would be for a depth of 20 ft and width and breadth of 40 ft and 34 ft, respectively and to that extent and for that purpose 4 such pits are to be excavated for each tower. This contention is replied by the 4th respondent that for each leg of the tower a pit of 23 ft x 23 ft to a depth of 12 ft would be made. The concrete will be poured in for a height of 2 ft at the bottom while the remaining depth would be refilled with the same excavated soil and apart from that, a column of 3 ft x 2 ft protruding for a height of 2 ft from the ground will be made and thus, there cannot be any loss of surface soil or fertility. If the towers are to be erected as putforth by the respondent authorities, there cannot be any loss of surface soil fertility and even if it happens by erection of towers, it would be to a minimum extent. There is nothing to indicate any depletion of water which would cause or block any water stream or course.
The learned Senior Advocate for the applicant laboured much on the ground that while an alternative route was readily available through poromboke and Government lands along the periphery of the villages, the patta lands of the villagers can well be avoided. The suggestion putforth for the alternative route cannot be accepted for more reasons than one. A detailed survey was made by the Superintending Engineer of the TNEB between 30.01.2014 and 02.02.2014 as could be seen from the proceedings dated 07.02.2014 and the report would clearly indicate that the alternative route suggested by the villagers, if adopted, it would have to be laid for a length of 2.33 km in the reserve forest. If the lines are to be taken through the reserve forest, it is very likely to affect the bio-diversity of the reserve forest and also affect the vegetation therein.
It is also contended by respondents that if the transmission path is altered to pass through the reserve forest, the distance of the transmission line would have to be extended to 10.86 km from 6.86 km and the number of towers required would increase from 21 to 30. Regulation No. 88 of CEA (Measures Relating to Electric Supply), 2010 speaks about the precautions to be taken while selecting the route for the transmission line which specifically mandates to avoid reserve forest as follows:
"88. Routing of Transmission Line:- The transmission route shall be selected keeping in view the following.
(1) Routing of a transmission through protected or reserved forest shall be avoided. In case it is not possible to completely avoid the forests or areas having large trees, keeping in view the overall economy, the route shall be aligned in such a way that cutting of trees is minimum. Routing of a transmission line through National Parks or Wildlife sanctuaries should also be avoided.
(2) Restricted areas such as civil and military airfields shall be avoided. Care shall also be taken to avoid aircraft landing approaches.
(3) The line routing should avoid large habitations, and densly populated areas.
(4) ***
(5) ***
(6) ***
As such, while selecting the route for the transmission line, nowhere the above Regulations impose any restriction to avoid agricultural lands. It is true that the routing of the line should avoid large habitations and densely populated area. But, in the instant case, neither it is pleaded nor proved to indicate that the present transmission line is routed through large habitations or densely populated areas. The contentions putforth by the applicant that the entire project is only for catering to the 8 industries in that area and the contention putforth by the respondents that the interest of the applicant representing the land owners is only a commercial interest for using the land for real estate activities are worth to be ignored.
In so far as the criticism levelled by the applicant that the name of the one of the villages, namely, Vembedu did not figure in the paper publication and in the Tamil Nadu Government Gazette notification, it has to be pointed out it would suffice if the intention of the authorities only to mention the route through which the transmission lines are drawn and non-mentioning of the names of the some of the villages in the notification will not vitiate the project even if the villages of the applicants fall between two places whose names are already given in the notification under the head "route". Thus, the applicant cannot be permitted to contend that the non-mentioning of the name of the village specifically would disentitle to the TNEB from drawing the overhead line through the villages. This view is fully supported by a decision of the Hon'ble Division Bench of the Madras High Court rendere in W.A.Nos. 1013 and 1014 of 2014.
It would be apt and appropriate to cite here the excerpts in paragraphs 15 and 18 of the judgment dated 21.11.2014 of the Hon'ble Madras High Court made in W.P.No. 18633 of 2014 which would aptly apply in the present case on hand to decide the issue:
"15. This decision of the Hon'ble Division Bench also squarely applies to this case. In this case, the petitioners contend that the respondents failed to even mention the names of their villages. As held by the Division Bench of this Court, mere non-mentioning of the villages specifically will not be a ground to interfere with the execution of the project by this court.
***
***
.... that "when substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred and the court may in the larger interest of administration of justice may excuse or overlook a mere irregularity or a trivial breach of law for doing real and substantial justice to the parties and pass orders which will serve the interest of justice best." The said ratio laid down by the Hon'ble Supreme Court is applicable to this case. In the preset case, the project sought to be executed by the respondents is in the interest of public at large. It is well settled that public interest will always outweigh the private interest. The project sought to be implemented is a very essential one to transmit the electric power from the Northern States of India to Tamil Nadu and also wind power from Southern Region of Tamil Nadu to tide over the burgeoning power crisis. It is also stated in the counter that about 80% of project work has been completed. It is further stated that due to the pendency of this writ petition, the project has been stalled and it would not be completed. Even though there are some technical flaws committed by the respondents, it cannot be a ground for interference. In any event, it is stated that the line proposed to pass through the land of petitioners will not in any manner affect their cultivation. As mentioned above, the project is being implemented in the larger public interest to tide over the power shortage witnessed in the State. While executing such project of greater importance, the respondents have complied with all the formalities under law. In those circumstances, I am not inclined to interfere with the order passed by the second respondent".
In the instant case, we have to strike a balance between the larger public interest and the interest of smaller number taking into consideration the concept of Sustainable Development and the pressing circumstances when a project is proposed. The Tribunal had an occasion to consider the above issue in Application Nos. 12 of 2012 (SZ) and 6 of 2013 (SZ) in the matters of Leo F. Saldhana, Bangalore Vs. Union of India rep. by its Secretary, MoEF, New Delhi and others and Environmental Support Group, Bangalore Vs. Union of India rep. by its Secretary, MoEF, New Delhi and others, respectively, on 27.08.2014 (2014 ALL(I) NGT NGT Reporter (3) (SZ) whereby it was held as follows:
"46. The definition of "sustainable development" which Brundtland gave more than 3 decades back still holds good. The phrase covers the development that meets the needs of the present without compromising the ability of the future generation to meet their own needs. In Narmada Bachao Andolan v. Union of India, this Court observed that sustainable development means the type or extent of development that can take place and which can be sustained by nature/ecology with or without mitigation. In these matters, the required standards now is that the risk of harm to the environment or to human health is to be decided in public interest, according to a "reasonable person's" test. [See Chairman Barton: The Status of the Precautionary Principle in Australia (Vol. 22, 1998, Harv. Envtt. Law Review, p.509 at p. 549-A) as referred to in A.P. Pollution Control Board v. Prof. M.V. Nayudu].
238.5. In T.N. Godavarman Thirumalpad (through K.M. Chinnappa) v. Union of India and others, this court observed that it cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser hardship.
238.6. In Narmada Bacho Andolan v. Union of India and others, a three-Judge Bench, while dealing with the public projects and policies, has opined that the court does not become the approving authority of such polices. Thereafter, the Bench observed thus:-
"Normally such decisions are taken by the Government after due care and consideration. In a democracy welfare of the people at large, and not merely of a small section of the society, has to be the concern of a responsible Government."
Needless to say that the principle ingrained in the Doctrine of Sustainable Development is that if a project is beneficial for the larger public, the inconvenience caused to a smaller number is to be accepted. It was to be accepted as a proposition of law that the individual interest for that matter for smaller public interest must yield to lager public interest. Inconvenience of the same should be bye-passed for a larger interest or cause of the society. As noticed above, no doubt, the activities of the respondents in the sites allotted to them would certainly cause inconvenience or hardship to the villagers around those kaval lands. At this juncture, it is pertinent to point out that the lands are not being cultivated and there are no habitations also in the entire extent of 9, 300 acres. The allotted land forms only a part of the total area of kaval lands in Chitradurga district, while remaining parts are kept very well available. The applicants were able to show the existence of endangered species and habitats. As pointed above, the lands were originally reserved for Amrit Mahal breed for the purpose of grazing. It is also admitted by the applicants that the Amrit Mahal breeds are low in numbers in all the villages around the kaval lands in question. They ventilated the grievance of villagers who were rearing sheep and collecting the firewood etc., from kaval lands in question. It should not be forgotten that the no one of the villagers inhabits in the kaval lands in question, but they are residing around the kaval lands. Hence, there cannot be any impediment or hindrance for them to carry on the same activities in the remaining kaval lands which are available. In so far as the religious and sentimental issues are concerned, the respondents/allottee project proponents have undertaken to permit them to carry on the festivals and ceremonies as per schedule every year".
From the discussions made above it is held that the application made by the applicant lies within the jurisdiction of the NGT under the provisions of the NGT Act, 2010 and it is also not barred by time. But, on merits, the Tribunal is unable to notice any ground urged by the applicant that would cause degradation to environment and damage to ecology and thus, the application is devoid of merits.
Hence, the application is dismissed. However, liberty is given to the applicant to approach the appropriate forum for necessary reliefs, if so advised.
No cost.
