Goemkarponn Desk
PANAJI: A petitioner seeking a stay on the construction of tower foundations for the High Tension Transmission Line under the Tamnar project was denied interim relief by the Bombay High Court in Goa. However, the court stated that the tower construction would be contingent upon the petition’s final outcome.
The High Court dismissed a petition filed by a person named Yeshwant Hari Gawas, stating that there was no basis for temporary relief, particularly since the petitioner had not contested the Collector’s order citing the Indian Telegraph Act in relation to the survey numbers that they owned.
In their petition, the petitioners claimed that the work would begin in the coming days, destroying their agricultural properties, and that they were not getting the necessary permits under the Indian Telegraph Act.
Given that the Collector’s order was issued on March 13, 2024, and that the Petitioners have not yet challenged it, as well as the fact that the construction of this power line is a project of public importance, the Respondents currently have the advantage in terms of convenience. Right now, no temporary relief could be given.
Respondent No. 6 will execute the aforementioned works through the Petitioners’ properties entirely at their own risk. The decision of the bench consisting of Justices M. S. Karnik and Valmiki Menezes will affect the work done by Respondent No. 6.
Prior to this, the Advocate General had entered into the record an order dated 13.03.2024 issued by the District Magistrate, North Goa, which used the authority granted by Section 16(1) of the Telegraph Act to order the Superintendent of Police, North to give the licensee authority (Respondent No.6) the necessary police protection so that they could proceed with building the towers on the very survey numbers that are the focus of this petition.