KARNATAKA EDUCATION SOCIETY, NO. 121, 3RD CROSS, 3RD PHASE, J.P. NAGAR, BANGALORE-78, REP. BY ITS SECRETARY MR. NISSAR AHMED Vs. THE POWER GRID CORPORATION OF INDIA, SOUTHERN REGION TRANSMISSION SYSTEM II, PRAGATI MAHALAKSHMI SOUTH BLOCK, (2ND A

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a declaration that Section 10 of the Indian Telegraph Act, 1885 (for short, 'the Act'), is unconstitutional. A direction is also sought against the respondent not to erect HT tower over Sy. No. 84/2 and not to draw HT lines over the lands bearing Sy. Nos. 81/2, 80, 78, 70, 72 & 84 of Itgaipur village, Hessaraghatta Hobli, Bangalore North Taluk. Similar relief is sought in respect of Sy. Nos. 21/1, 20/1 & 20/4 of Dibbur village, Hessaraghatta Hobli, Bangalore North Taluk. During the course of arguments, learned Senior Counsel Mr. Uday Holla appearing for the petitioner submits that the relief sought seeking declaration that Section 10 of the Act, is unconstitutional, is not pressed for the present. Hence, the said question is not gone into in this writ petition.

(2.) AS regards the other relief, the grievance made by the petitioner is that without providing an opportunity of being heard and without any legal justification, respondent -Corporation has resorted to arbitrary and high handed action in attempting to lay high tension power lines and erect high tension towers in the lands acquired by the petitioner for the purpose of establishing educational institutions.

(3.) IT is not in dispute that the petitioner has resisted the act of the respondent in drawing the power line and in erecting the tower. In such an event, as is clear from Section 16 of the Act and the Rules known as the Works of Licensees Rules, 2006, framed in exercise of the powers conferred by clause (e) of subsection (2) of Section 176 read with sub -section (2) of Section 67 of the Electricity Act, 2003, that such objection raised shall be examined by the District Magistrate or the Commissioner of Police or any other officer authorized by the State Government. For the sake of convenience, Rule 3 of the said Rules is extracted hereunder: