Bombay HC disposes of resident's plea against erection of electric pole for Goa Tamnar Transmission Project

Bombay High Court/ File Photo

The Goa bench of the Bombay High Court has disposed of the case of a Goan citizen who challenged the Goa Tamnar Transmission Project's installation of an electricity pole on his land, stated a report in PTI. According to the report, on December 12, Hondu Gaonkar, the resident, was permitted by Justices MS Sonak and Valmiki S Menezes to make his case in a magistrate's court.

The goal of the Goa Tamnar Transmission Project Limited (GTTPL) is to give Goa more electricity.

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According to the report, Gaonkar argued against the GTTPL's construction of an electricity pole on his property and other associated activities. He demanded an immediate stop to the project's ongoing work, claiming that it was harming his interests in agriculture and horticulture. He also questioned the constitutionality of the provisions used for this project under the Indian Telegraph Act.

The Telegraph Act grants the telegraph authority the power to install and maintain telegraph posts and lines.

Advocate General D Pangam, speaking on behalf of the Goa government, notified the HC bench that a compensation order had been issued recently by a magistrate's court.

Gaonkar's willingness to present his case before the magistrate was acknowledged by the High Court in its ruling. Gaonkar was ordered to appear at the magistrate's hearing by the court, which chose not to discuss the constitutional issue at this time.

"For the present, we do not wish to go into the issue of constitutional validity," the court said.

Within fifteen days of the order being issued, the HC directed the magistrate to hold a fair hearing, make a decision, and notify Gaonkar of that decision.

"The magistrate shall hear and decide the matter and communicate the decision to the petitioner within 15 days of passing the order," the HC said.

According to Gaonkar's petition, his land should remain an environmentally sensitive area and no construction should occur there. There are claims that the continuous landfilling and construction operations stopped the spring water's natural flow.

In addition, the petition drew attention to how telegraph poles have changed over time and mentioned how Act provisions have been abused. The argument was that the existing practice, which involves 200 square metres of large metallic poles, makes the land unfit for human habitation, in contrast to the idea of a single wooden pole that was introduced in 1885 with the passing of the Telegraph Act.