PRATAP SINGH Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) The Petitioners in this writ petition seek a direction to the Respondents not to erect high tension electric wire over their raiyati lands without acquiring them under the provisions of the Land Acquisition Act and paying compensation. The aforesaid direction has been sought with respect to lands of Plot Nos. 21, 165, 398 and 498 of villages Bantara and Heretaja within Gola Police Station of District Hazaribagh which have been described as agricultural lands in the writ petition.

(2.) According to the Respondents, the lands are degraded lands and so far as Plot Nos. 21 and 165 are concerned, they do not belong to the Petitioners. As regards Plot No. 398 it has been stated that the amount of compensation has been paid to Smt. Gyan Devi, mother of the Petitioner No. 2 and, likewise, the amount of compensation with respect to plot No. 498 has also been paid to said Smt. Gyan Devi as well as Shri Jagannath (sic) other of Petitioner No. 1. It has fur the been stated that Petitioner Nos. 3 and 4 have declined to accept the compensation money on the ground that the same is insufficient. The money, however, is lying with the Circle Officer, Gola, which can be collected by the said two Petitioners from him.

(3.) As regards the question as to whether the electric poles can be erected over the raiyati lands without acquisition under the Land Acquisition Act, It is the case of the Respondents that the provisions of Indian Telegraph Act, 1885 empower the telegraph authorities to place and maintain the telegraph line over and across any immovable property. Section 51 of the Indian Electricity Act, 1910 empowers the State Government to confer the powers of the Telegraph Authority under the Telegraph Act upon any public officer, licensee or any other person engaged in the business of supply of electrical energy under the Electricity Act. By virtue of notification dated 16.9.69 issued in terms of Section 51 of the Electricity Act the Damodar Valley Corporation is thus empowered to erect poles for transmission of electricity over the lands without its acquisition. Section 51 of the Electricity Act runs as follows: