No Prior Notice for 220 kV Line on Farmland: Rajasthan HC

220 kV Line on Farmland Needs No Prior Notice; Compensation Claim Lies Under Telegraph Act: Rajasthan High Court

Published: 29 October 2026 · NyayVidhan

The Rajasthan High Court at Jodhpur dismissed a landholder's writ petition against a 220 kV transmission line and tower being erected on his agricultural land in Jalore district. Following Smt. Nanchi Devi and Madan Dan Arha, it held that, under Section 164 of the Electricity Act, 2003 read with Section 10 of the Indian Telegraph Act, 1885, no prior notice or chance to object was needed (paras 9-10). His claim for compensation lies under the Telegraph Act, which he is free to pursue (para 10).

Key holdings

Complaints of no prior notice and no chance to object before a 220 kV line and tower were erected were held misconceived (para 10).

Following Smt. Nanchi Devi, the owner's only right under Section 164 of the Electricity Act and Section 10 of the Telegraph Act is compensation (paras 9-10).

Madan Dan Arha, also followed, places compensation disputes before the District Judge under Section 16 of the Telegraph Act (paras 9-10).

The petition was dismissed with liberty to seek compensation in accordance with law (para 10; operative paragraph, printed as 8).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The petitioner, a Khatedar tenant, holds agricultural land in Tehsil Bagoda, District Jalore, across which Rajasthan Rajya Vidyut Prasaran Nigam Limited proposed a 220 kV transmission line and high-tension tower (paras 1-2). He pleaded that no notice was served, no objections were invited and no compensation was determined; his representation to the Collector was pending and the Sub-Divisional Officer had stayed the work, yet officials came to the land with police on 16 July 2026 (paras 2-3). He sought to quash the work and claimed compensation (para 1). The respondents said the grid sub-station had to be operational by September 2026, cited a notification of 6 February 2025, and pointed to Section 16 of the Telegraph Act (para 4).

Court's Findings

The Court considered two earlier writ decisions and reproduced passages from both (para 9). In Smt. Nanchi Devi (decided 18 March 2009), a conjoint reading of Section 164 of the Electricity Act and Section 10 of the Telegraph Act led to the view that erecting a transmission line or tower needs no prior consent, notice or intimation, that the owner's only right is compensation under Section 10(d), and that placing poles in fields is not a trespass (para 9). In Madan Dan Arha, objections to towers on agricultural land without acquisition proceedings and compensation were held misplaced, and compensation disputes were left to the District Judge under Section 16 of the Telegraph Act (para 9); the respondents said an appeal against it was dismissed (para 7). Applying that settled position, the Court held misconceived the petitioner's complaints that objections were not invited and that no prior notice or intimation was given before entry on his property (para 10). On compensation, it found that he has an alternative statutory remedy under the Telegraph Act, which he may use in accordance with law (para 10).

Legal Principle

Where powers under Section 164 of the Electricity Act, 2003 read with Section 10 of the Indian Telegraph Act, 1885 are used to erect a transmission line or tower, no prior consent, notice or invitation of objections is needed; the landholder's claim for compensation lies under the Telegraph Act, not in a writ petition (paras 9-10).

NyayVidhan's view · Practice note

Why It Matters

Landholders facing a transmission line or tower on their land should note this order. Following Nanchi Devi and Madan Dan Arha, the Court held that the lack of prior notice or of a chance to object gives no ground for a writ (paras 9-10). What remains is compensation: the Court pointed to the statutory remedy under the Indian Telegraph Act, 1885, and the Madan Dan Arha passage it reproduced places such disputes before the District Judge under Section 16 (paras 9-10). The prayer for compensation for use of the land, damage and loss of value (para 1) was left to that remedy. The order does not separately address the pending representation or the stay order (paras 2, 10).

Editorial comment by the NyayVidhan Editorial Desk. It is not part of the Court's judgment and is not legal advice.

Precedents Relied Upon

Smt. Nanchi Devi & Ors. v. State of Rajasthan, RRVPNL, Jaipur & Ors. Civil Writ Petition No. 11973/2008, decided on 18.03.2009
Followed Discussed at ¶ 5, 9, 10
Cited by the respondents for the view that, considering Section 164 of the Electricity Act, 2003, no prior consent, notice or intimation is needed to enter property, the owner's only right being compensation under Section 10(d) of the Telegraph Act (para 5). The Court reproduced that passage and held the petitioner's no-notice and no-objection complaints misconceived in view of the legal position it settles (paras 9-10).
Madan Dan Arha & Anr. v. Rajasthan Rajya Vidyut Prasaran Nigam Ltd. & Ors. Civil Writ Petition No. 747/2014, decided on 28.03.2014
Followed Discussed at ¶ 6, 7, 9, 10
Cited by the respondents: objections to towers on agricultural land without acquisition proceedings and compensation are misplaced in view of Section 164 of the Electricity Act and Section 10 of the Telegraph Act (para 6); they added that D.B. Civil Special Appeal (Writ) No. 586/2014 against it was dismissed on 21.04.2014 (para 7, which dates the order 28.02.2014). The Court reproduced the passage, which leaves compensation disputes to the District Judge under Section 16 of the Telegraph Act, and applied it (paras 9-10).
Lagir Lal & Anr. v. State of U.P. & Ors. Civil Misc Writ Petition No. 39173/2011 (Allahabad High Court, Division Bench), decided on 02.09.2011
Referred To Discussed at ¶ 6
Mentioned by the respondents as the Division Bench decision relied on in Madan Dan Arha (para 6). The Court's own reasoning does not refer to it (paras 9-10).