Gujarat High Court
Bhanubhai Laxmanbhai Bharwad vs Power Grid Corporation Of India Limited on 7 July, 2025
NEUTRAL CITATION
C/SCA/7337/2025 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7337 of 2025
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BHANUBHAI LAXMANBHAI BHARWAD & ORS.
Versus
POWER GRID CORPORATION OF INDIA LIMITED & ORS.
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Appearance:
MR DHRUV M PAREKH(12293) for the Petitioner(s) No. 1,2,3,4,5,6
MR MA PAREKH(1088) for the Petitioner(s) No. 1,2,3,4,5,6
MR NIKUNJ KANARA AGP for the Respondent(s) No. 4
MOSON LE EXPARTS(11071) for the Respondent(s) No. 1,2,3
MR AKSHAT KHARE(5912) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 07/07/2025
ORAL ORDER
[1] Since the issue raised in this petition is in a narrow
compass and more or less is already settled, with the consent of the
learned advocates appearing for the respective parties, present
petition is taken up for final hearing at the admission stage.
[2] Rule returnable forthwith. Learned advocate Mr. Akshat
Khare waives service of notice of Rule on behalf of the respondents
Nos.1, 2 and 3. Learned A.G.P. Mr. Nikunj Kanara waives service of
notice of Rule on behalf of the respondent No.4 – State authority.
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[3] By way of this petition under Article 226 of the
Constitution of India, the petitioners have approached this Court
for the following reliefs:
“15(A) Admit / allow the present writ petition, in the interest of
justice;
(B) Be pleased to issue a writ of mandamus or a writ of
certiorari or any appropriate writ, order or direction by
quashing and setting aside the impugned orders at Ann. A Coll.
passed by the District Collector, Ahmedabad, forthwith, in the
interest of justice as it is violative of Article 14 of the
Constitution of India.
(C) Be pleased to issue a Writ of Mandamus or a Writ of
Certiorari or any appropriate Writ, Order or direction by
directing the Resp. No. 2 to lapse /drop the Project of
Construction of Transmission Line 765 kv D/c line on the
Agricultural Lands bearing Block /S. Nos. 303-415-337-245-
256 & 302/1, forthwith, in the interest of justice;
(D) Be pleased to issue a Writ of Mandamus or a Writ of
Certiorari or any appropriate Writ, Order or direction by
directing Resp 2 through their Deputy General Manager of
Power Grid Khavda Transmission Ltd. to lapse /drop the
Construction of Transmission Line 765 kv D/c line on the
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Agricultural Lands bearing Block /S. Nos. 303-415-337-245-
256 & 302/1 as it is contrary to the Land Acquisition
Proceeding forthwith, in the interest of justice
(E) Be pleased to issue a Writ of Mandamus or a Writ of
Certiorari or any appropriate Writ, Order or direction by
directing Resp. 2 through their Deputy General Manager of
Power Grid Khavda Transmission Ltd. to lapse/drop the
Construction of Transmission Line 765 kv D/c line on the
Agricultural Lands bearing Block /S. Nos. 303-415-337-245-
256 & 302/1 as the said Scheme for evacuation of 4.5 GW RE is
without giving any advance Personal Notice to the petitioners,
herein as well as also without giving any specification about the
above referred their lands in any Public Notice therefore there is
gross violation of Article 14 of the Constitution of India,
(F) Pending, admission and final disposal of the present petition
this Hon Court may kindly restrain/stop the Resp. no. 2 & 3
their men, agents, servants and assignees from Construction of
Transmission Line 765 kv D/s line on the Agricultural Lands
bearing Block /S. Nos 303-415-337-245-256 & 302/1,
forthwith in the interest of justice:
Alternatively
(G) Be pleased to direct the Resp. No.2 to award compensation,
in view of, market rate or in view of recent transaction ofPage 3 of 21
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surrounding Agricultural Lands bearing Block /S. 303-415-
337-245-256-302/1, forthwith, in the interest of justice.
(I) Any other and further relief/s may kindly be granted in the
interest of justice.”
[4] I have heard learned advocate Mr. M. A. Parekh for the
petitioners and learned advocate Mr. Akshat Khare for the
respondents Nos.1, 2 and 3.
[5] The principle challenge, as can be discernible from the
aforesaid prayer, is with regard to quashing and setting aside the
order passed by the District Collector and Magistrate, Ahmedabad
under Section 16(1) of the Indian Telegraph Act, 1885 and seeking
direction to drop the project of construction of Transmission lines
765 kv DC line on the agricultural lands bearing block Nos.303-
415-337-245-256 & 302/1.
[6] Learned advocate Mr. Parekh for the petitioners has
mainly submitted that the installation of electric poles in the
agricultural fields of the petitioners is without following due
procedure of law and that without giving any notice to the
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petitioners. It is further submitted that by laying of electric poles
and fixing the route of the same, the authorities have acted
highhandedly and discriminatory in such a manner so as to extend
benefits to the rich and influential farmers and for which lands of
the petitioners have been chosen to lay the electric poles and that
has resulted into the serious miscarriage of justice to the small
farmers like the petitioners herein. According to Mr. Parekh, the
foundation of electric poles has been constructed in the fields of the
petitioners in such a manner that the petitioners would lose 80% to
100% lands and for which, compensation awarded by the District
Collector, Ahmedabad is also on a very lower side.
[7] By making above submissions, learned advocate Mr.
Parekh for the petitioners has requested this Court to allow the
present petition as prayed for.
[8] Per contra, learned advocate Mr. Akshat Khare for the
respondents Nos.1, 2 and 3, while opposing the present petition,
has made the following submissions:
[8.1] Learned advocate Mr. Khare for the respondents –
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company vehemently opposed the present petition contending,
inter alia, that the present petition at this stage is not tenable in the
eye of law. Mr. Khare further submitted that the right from the
survey of the route and considering the viability of technical aspect
and the order passed by the competent authority under Section 164
of the Indian Electricity Act is after following the due procedure of
law and in strict compliance of the Government Resolution. Mr.
Khare submitted that therefore, the present petition seeking
dropping of the project without challenging any order under
Section 164 of the Act cannot be entertained and thus, the same
deserves to be dismissed. Mr. Khare further submitted that the
entire procedure selecting the particular route for erection of
electric poles has been tested by this Court in the case of other
litigants in R/Special Civil Application No.15365 of 2024 decided
on 10th March 2025 and R/Special Civil Application No.1922 of
2024 decided on 6th May 2025, thereby, this Court may not go into
the veracity of the route and consequently, requested this Court to
dismiss the present petition. Mr. Khare further submitted that the
order passed by the District Collector under Section 16(1) of the
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Indian Telegraph Act is a kind of enabling the order and by the said
order, the rights and / or veracity of the route has never been gone
into. According to Mr. Khare, once the construction / erection work
of electric poles is over, the order passed by the District Collector
under Section 16(1) of the Indian Telegraph Act is fully
implemented and there can be no further challenge to that effect.
[8.2] Learned advocate Mr. Khare next submitted that so far
as the grievance with regard to adequacy of compensation is
concerned, the petitioner can very well approach the District Court
under Section 16(3) of the Indian Telegraph Act for enhancement
of compensation with cogent evidence and therefore, he requested
this Court not to entertain the present petition on the aspect of
compensation as well.
[9] By making above submissions, learned advocate Mr.
Khare for the respondents – company requested this Court to
dismiss the present petition.
[10] I have heard learned advocates appearing for the
respective parties and have gone through the material produced on
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record. No other and further submissions have been canvassed by
the learned advocates appearing for the respective parties, except
what are stated hereinabove.
[11] Having heard the learned advocates appearing for the
respective parties and having gone through the material produced
on record, the fact which emerges from record so far as laying of
construction of Transmission Line Package TL01 for Ahmedabad –
South Gujarat / Navsari (new) 765 kv D/C line Part – II on the
lands bearing block Nos.303-415-337-245-256 and 302/1 is
concerned, the legality and validity of the very Transmission lines
has already been determined by this Court in /Special Civil
Application No.15365 of 2024 decided on 10th March 2025 and
R/Special Civil Application No.1922 of 2024 decided on 6 th May
2025. The Coordinate Bench of this Court, in R/Special Civil
Application No.15365 of 2024, while deciding the matter, has
observed thus as under:
“9. That, the respondent No.3 has filed an application to the
authority for grant of approval for laying of overhead
transmission line under “Transmission system for evacuation of
4.5GW RE injection at Khavda PS under Phase – II Part C”.
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Thereafter, the respondent No.3 published a notice in the
newspapers for the general public to give
objections/representation for the proposed transmission route
within two months from the date of such publication.
Subsequently, the respondent No.3 also submitted an affidavit
declaring that pursuant to the publication of the notice in the
local newspapers and the Gazette of India, ten(10)
representations have been received from the public on the
proposed route alignment and the clarification/reply has also
been given to the said representations. That thereafter, the
respondent No.3 applied for authorization under Section 164 of
the Electricity Act, 2003 to the Ministry of Power with respect to
laying telegraph lines and posts/towers established or
maintained by the Government. The said authorization came to
be granted on 11.12.2023 by the Ministry of Power,
Government of India. Accordingly, upon being conferred power
of the Telegraph Authority, vide approval under Section 164 of
the Electricity Act, 2003, the respondent No.3 herein has got
Right of Way to enter the land property for erection of tower
and laying of overhead transmission lines.
10. Nothing has been brought on record by the petitioners that
pursuant to the public notice dated 18.06.2023, the petitioners
had made a representation to the concerned authority towards
proposed route alignment. Further, this Court, after filing of the
present Special Civil Application, has granted opportunity to the
petitioners to make an appropriate representation for
realignment of the route of transmission line to the competent
authority of the respondent No.3. The competent authority has
given a negative opinion since it would involve major change in
the alignment, which is not possible at this stage. The another
aspect which is to be taken note of in the present case is that
tower location No.217/0 coming in the way of survey No.81 of
the subject land of the petitioners cannot be technically shifted
as proposed by the petitioners since it will change major
alignment of the entire line resulting in demolition and
recasting of various towers’ foundation at various locations,
which are already completed. Further, there are two existing
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220 Kv DC transmission lines already passing through the land
of the petitioners and therefore also, the respondent No.3 has to
comply with the Rule 87(3) & (6) of the Indian Electricity
Rules, 1956 which mandate the minimum height clearance
between crossing lines and also mandate minimum not less than
60 degree angle crossing between two power lines. The
realignment, as proposed by the petitioners, will result in
violation of permissible angle of deviation at the preceding and
succeeding towers. Further, the transmission line, which is
passing through the land of the petitioners requires a clear
corridor of 67 meters on either side from the center of the
transmission line and the land below the same can be utilized.
The said transmission line is purported not to have any impact
on human beings, animals, plants etc. beyond the statutory
clearance/norms. Therefore, in the given circumstances, the
action of the respondent No.3 in not accepting the proposal of
the petitioners to shift the transmission line is a considered
decision in view of the facts noted and the reasons given by the
respondent No.3 to the representation of the petitioners by
communication dated 07.12.2024.
11. The learned senior counsel for the petitioners that the
petitioners Mr. R. R. Marshall submitted that the petitioners
have obtained N.A. permission for the land in question and that
they are in the process of establishing an industrial park. The
learned senior counsel Mr. Kamal Trivedi appearing for the
respondent No.3 submitted that after the impugned order dated
30.08.2024 came to be passed under section 16(1) of the
Indian Telegraph Act, 1885, the petitioners have filed an
application seeking N.A. permission for industrial purpose with
respect to survey No.81 admeasuring 1,29,795 sq. mtrs., which
is an open land without any construction. Before applying for
N.A. permission, the petitioners are very well aware of the
location of Tower No.217/0 in the said survey No.81. The
learned senior counsel submitted that in the prescribed format
of application seeking N.A. permission, the petitioners have
clearly stated that no construction has per the approval plan
has been carried out. Further, the N.A. Permission for industrial
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purpose in respect of the land bearing survey No.81 has not
been granted till date and the same will be granted subject to
erection of transmission tower and passing of overhead
transmission line. The learned senior counsel has submitted that
N.A. order for block No.93/paiki (survey No.81) in respect of
83,312 sq. mtrs. land was granted on certain conditions and
the specific condition No.12 thereon obliges the petitioners to
comply with the regulatory provisions with respect to the electric
lines passing above or around the said survey number. The
learned senior counsel has placed on record the N.A. permission
which shows that the condition No.12 has been included in the
said N. A.order and will be applicable for rest of the survey
numbers also. This factual position has not been disputed by the
learned senior counsel Mr. R. R. Marshall appearing on behalf
of the petitioners.
12. The learned senior counsel Mr. Kamal Trivedi, in support of
the contentions, has relied upon the judgment of this Court in
the case of Gujarat State Energy Transmission Corporation
Limited vs. Ratilal Maganji Brahmbhatt (Barot) [2020(4)
GLR 2642], wherein the learned Division Bench, after
considering all the relevant sections of the Telegraph Act, 1885
as well as Electricity Act, 2003, has concluded as follows:-
“58. The final conclusions are as under:-
58.1 The Part III of the Telegraph Act, 1885, deals with
the Power to place “Telegraph Lines and Posts” and there
are other provisions in the said Act, applicable to all the
properties. As seen from the plethora of cases, the powers
conferred on the telegraph authority to place and
maintain telegraph lines and towers, are traceable to
Sections 10, 11 and 14 of the Act, 1885 and by virtue of
Section 164 of the Electricity Act, 2003, it is conferred on
any public officer, licensee or any other person engaged in
the business of supplying electricity.
58.2 As per Clause (c) to Section 10, the authority can
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exercise its powers in respect of the property of a local
authority only, by obtaining permission of that authority,
whereas, no such permission is required in relation to the
property of others. Section 10 does not contemplate notice
to an owner or occupier of land to show cause against
laying of a line and it authorizes the telegraph authority,
to place a telegraph line under, over, along or across any
immovable property. The proviso makes it clear that the
licencee or any other authorised person does not acquire
any right, other than that of user of the property. The
right conferred on the land owner is only to seek for
payment of compensation for any damage sustained by
him, by reason of exercise of the powers.
58.3 Section 10 of the Indian Telegraph Act, 1885,
confers a legal sanction to a telegraph authority to enter
into any private property, subject to the condition that,
while entering into the property and during the course of
execution of any work, the telegraph authority is under
an obligation to cause as little damage, as possible, and
shall pay full compensation to all the persons interested
for any damage sustained by them, while exercising the
powers conferred under Section 10 of the Act.
58.4 When power of the telegraph authority to enter into
any private property, is subject to the conditions to cause
as little damage as possible, and when there is a provision
for payment of compensation, the question as to whether,
the said authority should seek for consent from the owner
of the property, or provide him an opportunity of hearing
before entering into the property, does not arise. However,
the land owner may be informed of the work to be
executed.
58.5 Since the powers under Section 10 of the Indian
Telegraph Act, 1885, can be exercised without acquiring
the land in question, once an order is passed by the
appropriate government under Section 164 of thePage 12 of 21
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Electricity Act, 2003, the public officer, licensee or any
other person engaged in the business of supplying
electricity shall be entitled to proceed with the works of
placing the electric lines without acquiring the land in
question. Usage of the land by the licencee or the
authorised person, does not amount to acquisition.
58.6 Section 164 of the Electricity Act, 2003, empowers
the State Government to confer, by an order in writing,
powers which the telegraph authority possesses under the
Indian Telegraph Act, 1885, with respect to placing of the
telegraph lines and posts, on any public officer, licensee or
any other person engaged in the business of supplying
electricity under that Act, for placing of electrical plants
and electric lines, in terms of Section 2(20), which defines
“electric line”, as any line which is used for carrying
electricity for any purpose and includes–
“(a) any support for any such line, that is to say, any
structure, tower, pole or other thing in, on, by or from
which any such line is, or may be, supported, carried or
suspended; and
(b) any apparatus connected to any such line for the
purpose of carrying electricity;”
58.7 The power conferred on any public officer, licensee or
any other person engaged in the business of supplying
electricity under the Electricity Act, for the abovesaid
purpose, may be subject to such conditions, if any, the
Government may deem fit to impose and also subject to
the provisions of the Indian Telegraph Act, 1885.
58.8 The authorisation, in terms of Section 164 of the
Electricity Act, 2003, read with Section 10 of the Indian
Telegraph Act, 1885, authorising the public officer or
licencee or any other person engaged in supplying
electricity, all the powers of the Telegraph Authority,
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which includes the power to enter into any private
property, subject to the condition that while entering into
the property and the public officer or licensee or any other
person, authorised under the Act, is under an obligation
to cause as little damage as possible, with a guarantee for
payment of compensation for the owner of the land or the
persons interested.
58.9 Sections 16 and 17 respectively of the Indian
Telegraph Act, 1885, do not limit the absolute powers of
the telegraph authority to enter into any property for the
purpose of enforcement of Section 10 of the Indian
Telegraph Act, 1885, read with Section 164 of the
Electricity Act, 2003, by which, the public officer or
licensee or any other person engaged in the business of
supplying electricity under this Act, is empowered to
exercise all the powers, for the purpose of placing
electrical plant, line, erection of towers, conductors, poles,
etc.
58.10 The intention of the Legislature, is to provide
electricity, in terms of Section 43 of the Electricity Act,
2003. When the purpose of the Act, is to provide the basic
amenity of electricity to the public at large, and if every
objection/resistance has to be entertained under Section
16(1) of the Indian Telegraph Act, 1885, then it would
render Section 10 of the Indian Telegraph Act, 1885 and
Section 164 of the Electricity Act, 2003, meaningless,
thereby, the power conferred on the telegraph authority to
enter into any property, subject to causing, as little
damage as possible, with an assurance of payment of
compensation to the damage, if any, would be redundant.
58.11 If Section 16(1) of the Act, has to be construed,
conferring a right on the landowner to seek for an
opportunity of prior notice or consent, then the very
purpose of Section 10 of the Indian Telegraph Act, 1885
and Section 164 of the Electricity Act, 2003, would be
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defeated.
58.12 Vis-a-vis Section 185 (2) (b) of the Electricity Act,
2003 and Section 12 (2) of the repealed Indian Electricity
Act, 1910, under which the consent of the owner or
occupier is essential and on the issue, as to the
enforceability of Section 12 of the Act, until the Rules are
made under Section 67 of the Electricity Act, 2003,
consent of the owner or occupier is necessary, only in the
absence of any order, passed under Section 164 of the
Electricity Act, 2003.
58.13 Having taken into consideration the relevant
provisions of the Indian Telegraph Act, 1885 and
Electricity Act, 2003 and analysis of Section 67 and
section 164 of the Electricity Act, 2003, the legal position
is that, whenever an order is passed by the appropriate
Government, in exercise of powers under Section 164 of
the Electricity Act, 2003, for placing of electric lines for
the transmission of electricity, conferring upon any public
officer, licensee or any other person engaged in the
business of supplying electricity any of the powers which
the telegraph authority possesses under the Indian
Telegraph Act, 1885, with respect to the placing of
telegraphic lines and posts for the purposes of a telegraph
established by the Government, such public officer,
licensee or any other person engaged in the business of
supplying electricity, exercises all the powers, as that of
the telegraph authority, under the Indian Telegraph act,
1885.
58.14 However, in the absence of such an order under
Section 164 of the Electricity act, 2003, if a licensee i.e., a
person who has been granted a licence to transmit
electricity or to distribute electricity under the Act,
proposes to place electric lines, electric plant or other
works necessary for transmission or supply of electricity,
Section 67 of the Electricity Act, 2003 comes into
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operation and consequently, prior consent of the
concerned owner or occupier, may be required, under
Section 12 (2) of the Indian Electricity Act, 1910.
58.15 The provisions of the Works of Licensees Rules,
2006 made under Section 67 (2) of the Electricity Act,
2003 are in pari materia to Section 12 of the repealed
Indian Electricity Act, 1910. The Works of Licensees Rules,
2006 are applicable, only in a case, where the works have
been taken up by the licensee, under Section 67 (1) of the
Electricity Act, 2003. But Section 67 (1) of the Electricity
Act, 2003, as well as the rules made under Section 67 (2)
would govern the field, only in the absence of an order,
under Section 164 of the Electricity Act, 2003.
58.16 Section 16 states that if there is any resistance or
obstruction, the District Magistrate may in his discretion,
order that the telegraph authority shall be permitted to
exercise all the powers. Further, after such an order, a
person offering any further resistance is deemed to have
committed offence under Section 188 of the Indian Penal
Code. Once the technical feasibility of the project, has
been approved by the appropriate Government, by issuing
an order under Section 164 of the Electricity Act, 2003,
no land owner or person interested can seek for shifting or
re-aligning of the route, on the premise that the District
Collector-cum-District Magistrate, has the powers to do
so. The District Collector has no powers to alter any route
or alignment, except to remove the difficulties faced by the
licencee or the person authorised, pursuant to the orders
issued under Section 164 of the Act.
58.17 If the intention of the Legislature was to seek for
consent or permission from every owner and if the right of
such owner has to be recognised, in terms of Section
16(1) of the Telegraph Act, due to resistance/obstruction,
then the execution of any work or project, would be
stopped at every stage. Needless to state that the execution
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of works, involving erection of towers and connection of
overhead lines, is done, only after a detailed field study,
by identifying a feasible route of the proposed
transmission line, and while selecting suitable corridors,
residential areas to be avoided, span length, the angle of
deviation, extent of damage, likely to be caused, while
erecting towers, maintenance cost of electric lines and
towers and other factors, have to be considered. Public
interest, in providing electricity to a large section of
people and industrial establishments, etc., has to be given
weightage over private interest.
58.18 If the authorities have to recognize the right of
obstruction or resistance, in terms of Section 16(1) of the
Indian Telegraph Act, 1885, then the moment, any
notification is published, all the landowners or interested
persons, who have the knowledge of the commencement of
any development work, would immediately resist or
obstruct the work, and may even seek for re-location or if
the towers, posts had already been erected, may seek for
re-alignment or removal of towers and plants, erected by
the public officer or licensee or any other person, engaged
in the business of supplying electricity, authorised to carry
out the works, in terms of an order passed by the
appropriate Government, under Section 164 of the
Electricity Act, 2003.
58.19 When a project involves huge expenditure, erection
of many towers at various places and when such project
involves, greater public interest, then even a single owner,
under the pretext of making objections/resistance, would
attempt to stall the process of execution of the project.
When entry into any property is legally authorised, with
payment of compensation to the land owner, no prior
consent is required.
58.20 The Apex Court and other Courts in India, have
categorically held that the action of the licencee or the
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competent authority, in erecting poles or posts, in the
property or drawing lines over the property, does not
amount to acquisition of lands and it amounts to only
user of the property to the extent indicated and therefore,
there is no requirement to intiate any land acquisition
proceedings, giving opportunity to the land owners, when
execution of the work, is ordered under Section 164 of the
Act and accordingly, carried out by the licencee or any
other competent authority.
58.21 Even if any Court issues any directions to consider
the representation of any land owner or person interested,
such directions are required to be considered only to the
limited extent of payment of compensation, to be given by
the licencee or the competent authority and the directions
issued, if any, would not empower the District Collector-
cum-District Magistrate, to pass any order, contrary to
the orders, passed under Section 164 of the Act.
58.22. When the appropriate Government passes an order
under Section 164 of the Act, the Collector is bound by
the said order, and he is not superior to the Government,
to hold that the Government has erred in passing an
order, under Section 164 of the Act, authorising the
licencee or the competent authority to carry out the work,
in the route, which involves Techno Economic
Consideration.
58.23 The Act confers powers to the Telegraph Authority
to determine the property over which the lines are to pass
or posts to be erected. The powers of the District
Magistrate under Section 16(1) of the Indian Telegraph
Act, 1885, does not extent to any adjudication, as to from
where and how, the line has to be drawn over any specific
item of the property or where posts have to be erected or
not, in any specific item of the property.
58.24 The Power of the District Magistrate is confined
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only to the extent of exercising his discretion in granting
permission to the Telegraph Act, to execute the work,
when an application is made by the licencee or the
competent authority.
58.25 Section 10 of the Indian Telegraph Act gives legal
sanction to the licencing authority to enter into any
property, to lay poles or posts or draw electric lines. But
while doing so, the damage of the property should be less.
If there is any resistance, the licencee or the authorised
person may approach the District Magistrate-cum-District
Collector, to grant permission.
58.26 Once the power is conferred on the licencee or any
other
competent authority, there can be no objection to the
implementation of the scheme, on the principles of
natural justice or on the ground of unauthorised use of
the land.
58.27 The legislature has conferred powers on the
appropriate Government to authorize a public officer or a
licencee, etc., under the Electricity Act to exercise the
specific powers of an authority under the Indian
Telegraph Act, 1885. The authorisation may be general in
favour of a transmission company or in a given case,
special. The route is decided by the transmission company.
The decision to mark a route for laying an electric line is
a highly specialized and technical. At that time, it is
unrelated to any specific land owner. The route may be
for over hundreds of kilometers passing over Government
lands, lands of local authorities and private lands and it
may not be practicable to hear the land owners along the
entire route.
58.28 Having regard to the specialized and technical
nature of the task, and the fact that the lines are laid for
distribution of electricity, it is the view of this Court that,
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the Legislature has not provided for any notice or hearing
to the public at large, or to the land owners. Therefore,
when the appropriate Government authorises a person or
any body under the Electricity Act, to exercise the powers
of the Telegraph Authority, all the powers under the
Indian Telegraph Act, 1885, are meant to be exercised.
58.29 The Electricity Act, 2003, is a progressive
enactment, with a specific purpose of providing electricity
to a large number of people, across the country, to
promote industrial and sustainable development in all
walks of life. Right of a land owner to possess and enjoy
the property, though recognised as a Constitutional Right,
under Article 300-A of the Constitution of India, such
right has to yield to the Articles 14 and 21 respectively of
the Constitution of India, which strive to achieve the
Constitutional Goals, enshrined in the basic structure of
the Constitution of India. [see T. Bhuvaneswari vs. The
District Collector cum District Magistrate, Erode District,
Erode, W.P. No.18548 of 2013, decided on 19.11.2013]
The said decision came to be challenged before the Hon’ble
Apex Court by way of Special Leave Petition No.51 of 2021
which came to be dismissed vide order dated 01.02.2021.”
[12] Keeping in mind the aforesaid, in my view, the issue
raised in the present petition is no more res integra. All the
contentions raised by the petitioners of the very construction of
Transmission lines has already been dealt with by this Court and
held to be legal and proper. Learned advocate Mr. Parekh for the
petitioners could not able to show any other material so as to take a
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different view by this Court. Accordingly, the present petition
deserves to be met with the same fate and is hereby dismissed. Rule
is discharged.
[13] Needless to clarify that so far as the aspect of adequacy
of compensation is concerned, it will be open for the petitioners to
approach the concerned District Court under the provisions of
Section 16(3) of the Indian Telegraph Act. If the petitioners file any
application under the provisions of Section 16(3) of the Act, the
concerned District Court shall decide the same in accordance with
law without being influenced by the order passed by this Court. It is
clarified that time consumed in pursuing the present petition shall
be treated as bona fide litigation.
(NIRAL R. MEHTA,J)
CHANDRESH
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