K.N.DEVARAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The impugned order granting permission to the licensee to erect the High Tension Electricity Power lines is under challenge in the present writ petitions.

(2.) The grievances of the writ petitioners are that no proper adjudications/enquiry was conducted before entering into the land by the licensee for the purpose of erecting the High Tension Electricity Towers. The full compensation contemplated under the provisions of the Electric Act has not been complied with. Without even paying the full compensation and without proper adjudication, the Authorities are attempting to erect High Tension Electricity Tower in the agricultural lands belongs to the writ petitioners. Thus, the writ petitioners are constrained to move these writ petitions.

(3.) The learned counsels appearing on behalf of the writ petitioners reiterated that, the Indian Telegraph Act contemplates power for telegraph Authority to place the telegraph lines and poles. Section 10(d) stipulates "in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers."