DATLA RAJESWARI Vs. DIVISIONAL ENGINEER

JUDGEMENT

(1.) THE petitioner herein statedly is the owner of agricultural land admeasuring Acs. 4.65 comprised in survey Nos. 254/1 of Gollagunta village of Jaggampet Mandal in East Godavari District. She alleges that most of the ryots in the area stopped cultivating paddy fields and raised commercial crops. So as to prevent losses, the petitioner planted 600 teak plants in March, 1999 after purchasing the plants from M/s. Kisan Tissue Culture Private Limited. The teak plants would yield good returns if they are allowed to grow in size. However, the respondent issued a letter, dated 21-07-2006 directing the petitioner to remove the teak plants. It is alleged by the respondents that the teak plants were planted after erection of 400 KV transmission lines over her land and that the teak plants are interfering in the facilitation of uninterrupted transmission energy. The said letter/notice is challenged in the writ petition.

(2.) LEARNED counsel for the petitioner relies on the Xerox copy of the receipt issued by M/s. Kisan Tissue Culture Private Limited for supplying teak plants in support of the contention that the petitioner planted teak in 1999 before the erection of the transmission lines, and therefore the respondent cannot compel the petitioner to remove the teak plants. He also submits that under Section 18(3) of the Indian Electricity Act, 1910 (the Act, for brevity) the respondent is competent to remove the trees and structures, which are erected subsequent to placing the transmission line but the respondent has no authority to remove the trees and structures, which were existing prior to erection of the transmission lines. Alternatively, he submits that if the petitioner is deprived of her right to enjoy her land by raising crops or teak plantation, the respondent is bound to pay compensation to the petitioner.

(3.) UNDER Section 18(3) of the Act, on a request made by the licensee (electricity company), the Magistrate of First Class or the Commissioner of Police may cause the tree and/or structure or object to be removed or otherwise dealt with as it deems fit. What are the trees or structures or objects that can be removed.