PUTHU POOJARY Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THESE Writ Petitions are presented by four persons amongst whom first petitioner who is the owner of the land over which certain power lines have been drawn and petitioners 2 to 4 who are supporting the case of the first petitioner challenging the order bearing No. MAG (2)CR 267:2001-02 dated 3. 12. 2002 passed by the 1st respondent, District Magistrate in exercise of the powers under Section 16 (1) of the Indian Telegraph Act, 1885 read with Section 51 of the Indian electricity Act, 1910 allowing the application filed by the 2nd respondent Assistant Executive engineer, Karnataka Power Transmission Corporation Limited, permitting the power lines to be drawn over the 1st petitioner's land.

(2.) GRIEVANCE of the 1st petitioner is that for the purpose of providing new power connection to the residence of the 3rd and 4th respondents the 2nd respondent has deliberately drawn the power line over the land of the 1st petitioner though it was not really necessary to do so for the purpose for which it was done. Petitioners' complaint is that drawing of such power lines over the land of the 1st petitioner adversely affects the interest of the 1st petitioner particularly the agricultural operations carried on by him and the action is most mala fide on the part of the 2nd respondent who had been prevailed over not only by respondents 3 and 4 for doing so but also by another neighbour by name Smt. Vasamma from whose land power line could have been conveniently drawn to the 3rd and 4th respondents and this has been avoided to sub-serve the cause of the said Smt. Vasamma at the cost of the 1st petitioner.

(3.) THE Electrical Authorities have been given certain powers in the matter of drawing of power lines and if they could face any resistance or difficulties while drawing such power lines provisions of Section 10 and 16 Telegraphs Act which has been adopted in the Indian Electricity act are pressed into service. The District Magistrate acts as an independent authority to look into the grievance of the Electrical Authorities for the difficulties that they have faced while drawing power lines as also the representations or complaints that the persons who are obstructing/ preventing such drawing of lines and on being satisfied that the drawing of power lines is a must and cannot be avoided as is proposed by the Electrical Authorities the District Magistrate passes an order permitting the Electrical Authorities to draw the lines whereupon the person who is complaining of being affected cannot obstruct any more and the said obstruction in fact constitutes an offence in terms of Sub-section 2 of Section 16 of the Act.