‘Electricity transmission towers in public interest’

The Bombay High Court has refused to pass an order directing removal of electricity transmission towers on Kanjurmarg land allegedly belonging to one Mahendrakumar Garodia observing that they were erected in “view of larger public interest”. The court has, however, granted liberty to Garodia to approach civil court and to claim damages / compensation against Kharghar Vikhroli Transmission Ltd (KVTL), which was awarded the contract to erect the towers, in accordance with law.

A bench headed by Justice AS Chandurkar was hearing a petition on Wednesday by Garodia, challenging the order passed by the resident deputy collector and additional district magistrate on May 3 last year, restraining Garodia from interfering with the laying of the towers.

KVTL is a licensee under Section 14 of the Electricity Act, 2003, and is empowered to transmit electricity. It was granted the work of setting up a 400 KV receiving station and laying of associated transmission towers for strengthening the Mumbai system.

KVTL was required to install 47 transmission towers, out of which seven towers were located in Kanjurmarg, on land leased in favour of Garodia, by which 1,250 sq mt was to be affected.

As Garodia opposed the work, KVTL approached the resident deputy collector and additional district magistrate, which passed a prohibitive order on May 3, 2023. Garodia was then given an opportunity to put forth his say on May 17. Meanwhile, Garodia approached the HC, which asked the district magistrate to give a hearing but refused to restrain KVTL from erecting towers.