Omission Of Village Name In Gazette Notification No Bar To Laying Transmission Lines If Area Falls 'Around' Notified Route: Orissa High Court

"The phrase 'around and between' has a wider connotation to include such other village coming in between the notified villages or towns. The name of each and every village... is not required necessarily to be mentioned with details in the notice or notification," Orissa High Court, in a significant judgment, held that the omission of a specific village name in a Gazette Notification does not preclude the construction of electricity transmission lines if the area falls within the broad alignment route described as "around and between" other notified villages.

A single-judge bench of Justice B.P. Routray observed that the purpose of such notifications is to broadly describe the project area, and technical omissions cannot stall projects of "utmost public importance."

The petitioners, residents of Sabalabhanga Jungle village, challenged the construction of a 400KV DC transmission line by M/s. Jindal Steel & Power Plant Ltd (JSPL). They contended that while the 2013 Gazette Notification and the Collector’s subsequent permissions listed several revenue villages, their specific village, "Sabalabhanga Jungle," was missing from the list. The petitioners alleged that JSPL was forcibly constructing towers and stringing lines without legal authorization or the consent of the landowners.

The primary question before the court was whether the omission of a specific village name in a notification issued under the Electricity Act, 2003, renders the laying of transmission lines over that village illegal. The court was also called upon to determine whether the consent of landowners is a prerequisite for exercising powers under Section 164 of the Electricity Act read with the Indian Telegraph Act, 1885.

Statutory Framework Under Electricity And Telegraph Acts

The Court began by examining the interplay between Section 164 of the Electricity Act, 2003, and the Indian Telegraph Act, 1885. It noted that Section 164 authorizes the government to confer the powers of a "Telegraph Authority" upon a licensee for placing electric lines. This legal fiction places the licensee in the same position as the Telegraph Authority, allowing them to place poles or towers on private land without the need for formal land acquisition.

Consent Of Landowner Not Required For Public Utilities

The bench emphasized that once powers under Section 164 are invoked, the requirement for obtaining consent from the owner or occupier of the land, as otherwise suggested in Section 67, stands superseded. The Court reiterated that the law recognizes an "absolute power" of the authorized licensee to proceed with placing electricity lines, saving only the right of the owner to claim compensation for damages.

No Absolute Right To Obstruct Public Electrification

Relying on the Supreme Court’s precedent in Power Grid Corporation of India Limited v. Century Textiles and Industries Limited (2017), Justice Routray noted that unobstructed access to lay down electricity transmission lines is an "imperative in the larger public interest." The Court observed that the legislature has not permitted any kind of impediment or obstruction in achieving the objective of nationwide electrification.

"The legislature has not permitted any kind of impediment/obstruction in achieving this objective and through the scheme of the Indian Telegraph Act, 1885 empowering the licensee to lay telegraph lines, applied the same, as it is, for laying down the electricity transmission lines."

Interpretation Of "Around And Between" In Notifications

Addressing the core dispute regarding the missing village name, the Court analyzed the language of the 2013 Gazette Notification. The notification stated that the line would pass "through, over, around and between" the listed villages. The Court held that the phrase "around and between" carries a wider connotation designed to include adjacent areas and villages that fall within the geographical trajectory of the notified route.

Broad Description Of Route Is Substantial Compliance

The Court further clarified that it is not practically possible or legally mandatory to name every single survey number or tiny revenue pocket in a preliminary notification. Citing the Karnataka High Court’s ruling in S.M. Rao v. State of Karnataka, the bench noted that the precise location of towers is often determined by soil conditions and local technical viability discovered only during spot inspections.

"The purpose of notification is to broadly describe the area through which the proposed overhead transmission line would pass. So, the words 'around and between' include, in the opinion of this Court, the adjacent villages of a notified village."

Right To User vs. Right To Ownership

The Court highlighted that the government does not acquire the land itself but only a "right of user" for the limited purpose of the transmission project. Since the petitioners admitted that three towers had already been constructed in their village years ago by the predecessor company, the Court found no merit in the claim of "forcible occupation" at the stringing stage.

Compensation Is The Sole Remedy For Affected Owners

Finally, the Court ruled that while the project cannot be stalled, the rights of the villagers are protected through the mandate of compensation. Under Section 10(d) of the Telegraph Act, the licensee is obligated to do as "little damage as possible" and pay full compensation for any sustained loss. The Court directed the authorities to ensure that all affected private landowners in Sabalabhanga Jungle receive appropriate compensation for the erection of towers or drawing of lines.

The High Court disposed of the writ petition by rejecting the prayer for an injunction against the transmission line. It concluded that the project’s public importance outweighs the technical grievance of a missing village name in the notification, provided that the legal right to compensation is strictly enforced for the affected villagers.

Date of Decision: 27 April 2026