# Pooram Singh & Ors v. State Of U.P. & Ors

- **Citation:** (2016) 7 ILRA 213
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-07-05
- **Bench:** V.K. Shukla, A.C.J. Mahesh Chandra Tripathi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/pooram-singh-ors-v-state-of-u-p-ors-44016
- **Pages:** 6

## Text

7 All. Pooram Singh & Ors. Vs State Of U.P. & Ors.

213
34. List on the date fixed.
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ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 05.07.2016

BEFORE

THE HON'BLE V.K. SHUKLA, A.C.J.
THE HON'BLE MAHESH CHANDRA TRIPATHI, J.

Writ C No.- 29995 Of 2016

Pooram Singh & Ors. ...Petitioners
versus
State Of U.P. & Ors. ...Respondents

Counsel for Petitioners:
Anil Kumar Rai, Durgesh Kumar Singh

Counsel for Respondents:
C.S.C., Pratik J. Nagar

In the present writ the Petitioners are before the Court with request to issue a writ, order or direction in the
nature of mandamus restraining respondents not to interfere in peaceful possession of their land detailed in
the present writ petition by re-aligning the high tension wire alongwith the poles sought to be set up on their
land without giving any notice of personal hearing.

The main contention of learned counsel for the petitioners is that no consent has been taken from the
petitioners for laying down the high tension power line, which was obligatory for the respondents to have
obtained permission from the District Magistrate for the same. In the present matter, since the respondents
are exercising the powers under Sections 10 and 16 of Telegraph Act, the provisions itself oblige the
respondents to obtain the consent of the District Magistrate.

Court had observed the scheme of Electricity Act, 2003, Telegraph Act and Works of Licensees Rules, 2006
which clearly provide for the authority to the Corporation for placing electricity supply line and apparatus for
transmission of power which the telegraph authority possesses under the Telegraph Act. If a person objects
to establishment of poles and drawing electricity lines over his land, the authority has to apply for permission
to the District Magistrate and in such a case the District Magistrate has to work out a fair compensation to be
paid to the persons within reasonable time. In case the person is not satisfied with the quantum of
compensation, which has been offered to him by the District Magistrate, the District Judge in such cases has
been authorised to work out compensation under sub-section (3) of Section 16 of the Telegraph Act. Sub-rule
(4) of Rule 3 of Works of Licensees Rules, 2006 clarifies the situation that nothing contained in Rule shall
effect the powers conferred upon any licensee under Section 164 of the Act. The provisions of Section 164 of
the Act are not at all controlled/governed/subject to the provisions of Works of Licensees Rule, 2006 and
same is an independent exercise of authority.

Court is of the considered opinion that the construction of transmission power service lines cannot be stopped
for want of payment of compensation. However, an appropriate direction can be issued to the competent
214 INDIAN LAW REPORTS ALLAHABAD SERIES

authority for determining the compensation in accordance with law and pay the same to the tenure holders
over whose land the towers are being erected.

Court has disposed of this petition, with liberty to the petitioners to move an appropriate application before
the concerned District Magistrate

(Delivered by Hon'ble V.K. Shukla, A.C.J.
&
Hon'ble Mahesh Chandra Tripathi, J.)

1. Pooram Singh and 30 others are before this Court with request to issue a writ, order or
direction in the nature of mandamus restraining respondents not to interfere in peaceful possession
of their land detailed in the present writ petition by re-aligning the high tension wire alongwith the
poles sought to be set up on their land without giving any notice of personal hearing. They have
further prayed for direction to the respondents to determine and pay the compensation to the
persons, who are sought to be displaced by such exercise and to decide the representations dated
20.5.2016 and 18.5.2016, after giving the opportunity of personal hearing to the persons concerned.

2. The petitioners claim to have transferable rights in the agricultural land detailed in para5 of the writ petition. It is alleged that the respondents, without obtaining the consent of the
petitioners, have resumed their land to realign the high tension power lines alongwith the poles
sought to be set up on their land without giving notice of personal hearing to them. On account of
high tension power lines drawn over their land, they are unable to use their land for any purpose.
The cause of action for filing the present writ petition had arisen when the respondent authorities
had started making inspection over the petitioners' land on 20.5.2016 through a team led by one Sri
B.S. Saraswat of Power Grid Department. The petitioners were informed that the Power Grid
Department in consultation with Agra Development Authority has decided to set up a high tension
power line alongwith the poles on their land.

3. Learned counsel for the petitioners submits that the high tension power lines cannot be
drawn over the land of any person without taking his expressed consent. If any objection is raised
for digging up the land to instal poles and drawing electricity lines, which may affect beneficial
enjoyment of the land, the respondents must compensate the persons who suffer the loss of the
beneficial utilisation of the land. He submits that in view of Section 164 of the Electricity Act read
with Electricity Rules, and Sections 10, 16, 16 (1) of the Indian Telegraph Act, 1885 (13 of 1985),
the petitioners are entitled to compensation at the rates for which they have represented.

4. The claim of the petitioners has been opposed by Shri J. Nagar, Senior Advocate assisted
by Shri Pratik J. Nagar and Shri M.C. Chaturvedi, Senior Advocate assisted by Shri S.C. Dwivedi,
appearing for the respondents. It has been contended that the Power Grid Corporation of India
Limited (the Corporation) has been empowered under Section 164 of the Act to exercise powers of
the telegraph authorities including the power under Section 10 of the Telegraph Act. It can also
erect towers on any immovable property and lay overhead electrical lines over any immovable
7 All. Pooram Singh & Ors. Vs State Of U.P. & Ors.

215
property. It has been contended that the Corporation is a licensee under the Act. Such towers can be
fixed as the provisions of Section 10 of the Telegraph Act are applicable and all the petitioners can
claim compensation for damages.

5. We have considered the submissions of learned counsel for the parties and perused the
record.

6. The main contention of learned counsel for the petitioners is that no consent has been
taken from the petitioners for laying down the high tension power line, which was obligatory for
the respondents to have obtained permission from the District Magistrate for the same. In the
present matter, since the respondents are exercising the powers under Sections 10 and 16 of
Telegraph Act, the provisions itself oblige the respondents to obtain the consent of the District
Magistrate.

7. It is relevant to indicate that both telegraph lines and electrical lines are required to be
drawn over the agricultural lands and/or other properties belonging to third parties. In drawing such
lines, the entire land cannot be acquired but the effect thereof would be diminution of value of the
property over which such line is drawn. The Telegraph Act provides for the manner in which the
amount of compensation is to be computed therefor. Section 10 of the Telegraph Act empowers the
authority to place and maintain a telegraph line under, over, along or across, or posts in or upon any
immovable property. Section 11 empowers the officers to enter on property in order to repair or
remove telegraph lines or posts. Section 12 empowers the authority to grant permission for laying
down such lines to a local authority in terms of clauses (c) & (d) of the proviso to Section 10 of the
Telegraph Act subject to reasonable conditions as it may think fit. Sections 10 and 16 of Telegraph
Act read as under:-

"10 Power for telegraph authority to place and maintain telegraph lines and
posts.-The telegraph authority may, from time to time, place and maintain a telegraph line under,
over, along, or across, and posts in or upon, any immovable property: Provided that?

(a) the telegraph authority shall not exercise the powers conferred by this section
except for the purposes of a telegraph established or maintained by the 1 [Central Government], or
to be so established or maintained;

(b) the 1 [Central Government] shall not acquire any right other than that of user
only in the property under, over, along, across, in or upon which the telegraph authority places any
telegraph line or post; and

(c) except as hereinafter provided, the telegraph authority shall not exercise those
powers in respect of any property vested in or under the control or management of any local
authority, without the permission of that authority; and
216 INDIAN LAW REPORTS ALLAHABAD SERIES

(d) 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.

16. Exercise of powers conferred by Section 10, and disputes as to
compensation, in case of property other than that of a local authority.- (1) If the exercise of the
powers mentioned in Section 10 in respect of property referred to in clause (d) of that section is
resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph
authority shall be permitted to exercise them.

(2) If, after the making of an order under section (1), any person resists the exercise
of those powers, or, having control over the property, does not give all facilities for their being
exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal
Code, 1860 (45 of 1860).

(3) If any dispute arises concerning the sufficiency of the compensation to be paid
under Section 10, clause (d), it shall, on application for that purpose by either of the disputing
parties to the District Judge within whose jurisdiction the property is situate, be determined by him.

(4) If any dispute arises as to the persons entitled to receive compensation, or as to
the proportions in which the persons interested are entitled to share in it, the telegraph authority
may pay into the court of the District Judge such amount as he deems sufficient or, where all the
disputing parties have in writing admitted the amount tendered to be sufficient or the amount has
been determined under sub-section (3), that amount; and the District Judge, after giving notice to
the parties and hearing such of them as desire to be heard, shall determine the persons entitled to
receive the compensation or, as the case may be, the proportions in which the persons interested are
entitled to share in it.

(5) Every determination of a dispute by a District Judge under sub-section (3), or
sub-section (4) shall be final:

Provided that nothing in this sub-section shall affect the right of any person to
recover by suit the whole or any part of any compensation paid by the telegraph authority, from the
persons who has received the same."

8. Section 10 of the Telegraph Act is titled "power for telegraph authority to place and
maintain telegraph lines and posts". It empowers them to place and maintain the telegraph lines
under, over, along, or across, or posts in or upon, any immovable property. Under this Section, a
telegraph authority is empowered to erect poles and place telegraph line over any immovable
property. The generation and distribution of electricity was governed by the Indian Electricity Act,
1910 (the old Act). At present, it has been replaced by the Electricity Act, 2003 (the Act). The
Power Grid Corporation of India Limited (the Corporation) is a company incorporated under the
7 All. Pooram Singh & Ors. Vs State Of U.P. & Ors.

217
Companies Act, 1956. Its shares are owned by the President of India and it is a Central Government
Company. The main purpose of the Corporation is to set up national infrastructure for distribution of
electricity. The Corporation has electric sub-stations in different districts. The old Act and the Act
envisage different kinds of utilities and licenses, one of them is transmission utility and transmission
licence. The Corporation was declared Central Transmission Utility under Section 27 (A) (i) of the old
Act by the notification dated 31.12.1998. It has also been so declared under Section 38 (1) of the Act by
the notification dated 27.11.2003.

9. At this stage, it is relevant to indicate that the Act also defines who is a licensee under
Section 2 (39) of the Act. It means a person, who has been granted a licence under Section 14 of the
Act. Section 14 of the Act empowers the appropriate commission to grant a licence. Among the other
licenses, a person can be granted transmission licence to transmit electricity. However, proviso to
Section 14 clearly provides that the Central Government Transmission Utility or the State transmission
utility is deemed to be transmission licensee under the Act. The Corporation has been declared to be a
Central Transmission Utility and is a transmission licensee under the Act. Section 164 of the Act is
titled as 'Exercise of powers of Telegraph Authority in certain cases'. It empowers appropriate
Government to empower any public officer or any other licensee or any person engaged in the business
of supplying electricity under the Act with the same powers to place electric lines or electrical posts as
the telegraph authority possesses under the provisions of the Telegraph Act. The Central Government is
the appropriate government for the Corporation. It has issued a notification in favour of the Corporation
on 24.12.2003 under section 164 of the Act. In view of this, the Corporation is entitled to exercise the
same powers as a telegraph authority has while placing lines or posts under the Telegraph Act. Section
10 of the Telegraph Act is titled 'Power for telegraph authority to place and maintain telegraph lines and
posts'. It empowers them to place and maintain the telegraph lines under, over, along, or across; and
posts in or upon, any immovable property. Under this section, a telegraph authority is empowered to
erect poles and place telegraph line over any immovable property. The Corporation has been
empowered under section 164 of the Act to exercise powers of the telegraph authorities including the
power under section 10 of the Telegraph Act. It can also erect towers on any immovable property and
lay overhead electrical lines over any immovable property.

10. We have occasion to go through the scheme of Electricity Act, 2003, Telegraph Act and
Works of Licensees Rules, 2006 which clearly provide for the authority to the Corporation for placing
electricity supply line and apparatus for transmission of power which the telegraph authority possesses
under the Telegraph Act. If a person objects to establishment of poles and drawing electricity lines over
his land, the authority has to apply for permission to the District Magistrate and in such a case the
District Magistrate has to work out a fair compensation to be paid to the persons within reasonable time.
In case the person is not satisfied with the quantum of compensation, which has been offered to him by
the District Magistrate, the District Judge in such cases has been authorised to work out compensation
under sub-section (3) of Section 16 of the Telegraph Act. Sub-rule (4) of Rule 3 of Works of Licensees
Rules, 2006 clarifies the situation that nothing contained in Rule shall effect the powers conferred upon
any licensee under Section 164 of the Act. The provisions of Section 164 of the Act are not at all
controlled/governed/subject to the provisions of Works of Licensees Rule, 2006 and same is an
independent exercise of authority.
218 INDIAN LAW REPORTS ALLAHABAD SERIES

11. In Deva Raj Vs. U.P. State Electricity Board, Lucknow & Ors., AIR 1977 Allahabad
452, a Division Bench of this Court had examined the provisions of Section 51 of the Indian Electricity
Act, 1910, which is similar to the provisions of Section 164 of the Electricity Act, 2003 and observed
that in view of the notification issued by the State Government under Section 51 of the 1910 Act read
with Section 10 of the Telegraphs Act, the respondents have the power to instal the towers on the land
owned by a person. Similarly the Madras High Court, in E. Venkatesan & Ors. Vs. Chairman, Tamil
Nadu Electricity Board, Madras & Ors., AIR 1977 Madras 64 while dealing with the powers under
Section 51 of the Act of 1910, also observed :-

"From the above settled position of law, it is clear that when the Electricity Board
exercises power under Section 51 of the Electricity Act read with Section 10 of the Telegraphs Act, they
are not acquiring any land. They are only making use of the land for the purpose of laying electricity
lines for which full compensation is given for the damage caused. It is also clear therefrom that no
notice is required to the owner before laying the poles or constructing any tower, nor any consent is
required from them."

12. In the aforesaid facts and circumstances, this Court is of the considered opinion that the
construction of transmission power service lines cannot be stopped for want of payment of
compensation. However, an appropriate direction can be issued to the competent authority for
determining the compensation in accordance with law and pay the same to the tenure holders over
whose land the towers are being erected.

13. We accordingly dispose of this petition, with liberty to the petitioners to move an
appropriate application before the concerned District Magistrate with regard to their claim alongwith
certified copy of this order and other supported materials, whereupon the District Magistrate shall pass
appropriate orders on the claim of the petitioners for compensation in accordance with law within three
months from the date of production of a certified copy of this order.
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ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 05.07.2016

BEFORE

THE HON'BLE MRS. VIJAY LAKSHMI, J.

Application U/S 482 No.- 34386 Of 2015

Manoj Bansal & Ors. ...Applicants
Versus
State Of U.P. & Anr. ...Opposite Parties

Counsel for Applicants:
Ram Kishore Pandey