PUTTAMMA Vs. EXECUTIVE ENGINEER ELC KPTCL

JUDGEMENT

(1.) In this writ petition the petitioners are aggrieved by the order passed by the District Magistrate, Chikmagalur on 12.5.2011 under Section 16(1) of the Indian Telegraph Act, 1885, directing the petitioners and any persons claiming under them not to obstruct the first respondent in installing the electrical tower for the purpose of laying a new power line on location No. 166, as the laying of the tower according to the first respondent was necessitated due to the existing 66 KV power line getting deteriorated.

(2.) The Executive Engineer approached the District Magistrate by filing a petition under Section 164 of the Electricity Act 2003 and Section 16 of the Indian Telegraph Act, 1885. The District Magistrate, after hearing both parties has passed the impugned order holding that in the interest of public, the permission deserved to be granted to the first respondent to lay the power line by preventing the petitioners from obstructing the work in the land in Sy. No. 31 of Basvanahalli Village, Kasaba Hobli, Chikmagalur Taluk.

(3.) The main contention of the petitioners before the District Magistrate and as well as before this Court is that the first respondent-Executive Engineer could not have laid the line by installing the tower without assessing the compensation payable to the petitioners. According to the learned counsel, as the agricultural land of the petitioners was being damaged, they are entitled for payment of compensation for the loss and damage to be caused to their lands on account of the installation of the tower and the drawing of power line.