HC refuses to intervene in Pugalur HVDC project

Dismissing an appeal moved by a batch of farmers from Dharmapuri, against the order of a single judge, who rejected their plea seeking 14 documents ranging from prior approval by the Centre to the route Map, GPS Co-Ordinates and tower details, a division bench comprising Justice M M Sundresh and Justice C Saravanan, said, “When the element of expertise is involved and the same is undertaken by the Statutory body as per law, the power of judicial review will have to be entertained with extreme caution. We cannot interfere with the matter on some apprehension expressed by the farmers.”

While holding that the substantial part of the project is over and every delay would cause serious financial implications among others, the bench also noted “The farmers cannot ask the district collector to direct PGCI to furnish all the documents which they seek. There is no arbitrariness in the procedure adopted by PGCI. Certainly, the farmers can seek appropriate compensation for the diminishing value of their lands caused by the overhead lines and erection of towers.”

The single judge on holding that this court is unable to accept the contention that prior permission was needed from the petitioner and that opportunity had not been given to the petitioners to put forth their grievances, said under the Act the powers of the collector are certainly limited and the collector cannot change the scheme or modify the route already approved by the appropriate Government.

The farmers counsel V Raghavachari vehemently contended that everything is shrouded with mystery. There is a reasonable apprehension that the original plan was diverted for the reasons known and hence the documents sought for ought to have been furnished.

The subject matter of the plea pertains to Raigarh-Pugalur 6000MW HVDC system within an 800KV HVDC transmission line without any tapping in between connecting Raigarh in Chattisgarh and Pugalur in Tamil Nadu to facilitate evacuation and transfer of power. The total length of the transmission line is 1,843 kms out of which 345 Kms passes through the Tamil Nadu.

As far as Dharmapuri is concerned, 184 towers are proposed covering 69 kms. Out of 184 towers, foundation works in 170 locations have been completed. Also, out of 500 land owners, 261 have received crop compensation to the tune of Rs.5.51 Crore and tree compensation to an extent of Rs.7.91 crore.