M.D., M/S. RAMAKRISHNA POULTRY P. LTD. versus R. CHELLAPPAN & ORS.

M.D., M/S. RAMAKRISHNA POULTRY P. LTD. versus R. CHELLAPPAN & ORS.

A balance must be struck between appellant’s grievance and the technical feasibility of route alteration. Since deviation is impractical, raising tower height is the next best solution. The appellant is entitled to compensation under s.10(d) for land use/damage due to tower erection.

Parties
Appellant: M.D., M/S. Ramakrishna Poultry P. Ltd.; Respondent: R. Chellappan
Jurisdiction
India
Judgment Date
08 May 2009
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeal allowed in part
Legal Topics
Power Transmission, Compensation for Land, Public Interest Vs. Individual Interest
Electricity Law Administrative Law Property Law Power Transmission Compensation for Land Public Interest Vs. Individual Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

M.D., M/S. Ramakrishna Poultry P. Ltd.

Appellant

R. Chellappan

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether transmission lines passing over poultry sheds adversely affect business and justify realignment or increased tower height
  2. 2 Whether compensation is payable for use/damage to land under s.10(d) of the Telegraph Act, 1885
  3. 3 Balance between individual grievance and public interest in infrastructure projects

Ratio Decidendi

A balance must be struck between appellant’s grievance and the technical feasibility of route alteration. Since deviation is impractical, raising tower height is the next best solution. The appellant is entitled to compensation under s.10(d) for land use/damage due to tower erection.

Court Disposition

appeal allowed in part

Orders

  • Division Bench order set aside.
  • Power Grid Corporation directed to increase tower clearance from 52 meters to 56 meters, ensuring minimum 40 ft clearance between cable sag and poultry shed.