17 April 2024 Public Interest Litigation >> Constitution & Law Procedure   |   Property/Real Estate Law >> Property & Real Estate  

A landowner in Mumbai recently lost a legal battle against the construction of transmission towers on his property. However, the court offered him a consolation prize: the right to sue the company behind the project for damages.

The case involved KVTL, a licensed electricity transmitter, who received permission to build transmission towers, some of which landed on the petitioner's land. The landowner objected to the construction, but a local authority issued an order restraining him from interfering with the work. This order, however, was later revoked as the issuing authority lacked jurisdiction.

Despite the revoked order, KVTL had already completed construction by the time the issue came to light. The landowner argued that the construction was illegal since it was done based on an invalid order.

The court acknowledged that the order restraining the landowner was indeed invalid. However, they ruled in favor of KVTL due to the public interest in having the transmission towers functional. Dismantling the towers would cause significant disruption, the court reasoned.

As a compromise, the court allowed the landowner to file a civil lawsuit against KVTL seeking compensation for any damages caused to his property during construction. The landowner may also be entitled to compensation under the Indian Telegraph Act, 1885, which governs the legalities surrounding such projects.

This case highlights the balancing act between individual property rights and public interest. While the landowner's rights were infringed upon, the court ultimately prioritized the needs of the larger community. The option to sue for damages offers the landowner a chance to recoup some of the losses incurred.

  Indian Telegraph Act, 1885