The Madras High Court has stalled the continuation of works for installation of a power transmission line project of the Tata Power Renewable Energy Limited (TPREL).
The transmission line runs through Karur and Tiruppur districts.
The project was stalled for failing to adhere to the procedures before embarking on setting up the towers and power lines for carrying the power generated through the wind energy plants to the substation.
The matter pertains to the 198 MW wind power generation plant and the transmission line proposed by the TPREL spread across Karur and Tiruppur districts.
The overhead line stretches to 17.75 km from Senapathipalayam village in Tiruppur district to the Karur power station.
TPREL had issued public notice allegedly in little known newspapers with less circulation and submitted to the Central Electricity Authority that no objections were received from anybody on the project.
Subsequently, the Authority granted approval on June 6, 2024 conferring TPREL with all powers of a telegraphic authority under section 164 of the Electricity Act.
Certain land owners objected to the TPREL entering into their agricultural land for carrying out the project works and later filed the petitions regarding the issue.
Quashing the order of the CEA to grant license for the transmission line, Justice D Bharatha Chakravarthy directed the TPREL to continue the project from the stage of issuing publications in the Gazette and newspapers on the project to hold public hearing and consider the objections before obtaining a fresh license under section 164 of the Electricity Act, 2003.
“The order issued by the second respondent, the Central Electricity Authority, published in the Gazette of India dated October 22, 2024, being as the license under section 164 of the Electricity Act shall stand quashed,” he said in a recent order, while disposing of a batch of petitions filed by the land owners challenging the license and the order issued by the district collector of Karur authorizing the TPREL to enter into the farm lands.
The judge allowed the TPREL to continue from the stage of issuing publications in any of a leading English and Tamil newspaper within two weeks and obtain and consider the objections or representations from any individual and finalise the optimal route alignment in order to obtain a fresh license.
The judge said that the 39 towers already set up shall not be interfered with by anybody and be protected until the exercise is completed.
“The minimum expected of these private companies is to publish a notice in newspapers widely circulated in the area and consider the representations regarding the optimal route alignment. This is not a formality but an important and substantial step that is prescribed,” he remarked.
Justice Chakravarthy further stated, “It’s a solemn public duty. It is concerned with sustainable development, avoiding potential hazards, and forming a route that will be optimal. Not realising this, the private corporate entity TPREL has chosen to keep the entire process secretive. The lurking danger of overwhelming self-interest led private entities sweeping the mandate of law under the carpet to march ahead quickly is demonstrated in this case. It is absolutely unfair.”
Holding that TPREL misrepresented to the Government of India an ostensible make-believe compliance of the procedure that has resulted in the impugned license being granted, the judge reasoned that, thus, the impugned order is liable to be quashed.