- (1.) Heard Sri Rahul Srivastava, learned counsel for the petitioner, Sri Mahendra Kumar Mishra, learned counsel for the respondents no. 1 and 2 and Sri Puneet Chandra, learned counsel for the respondents no. 3 to 5.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for issuance of writ of mandamus directing the respondents to pay the compensation in lieu of acquisition of land from Gata no. 181 and 182, measuring areas 0.0630 hectare (5 biswa), situated at Village-Ariyauna, Nagar Palika Parishad Akbarpur, Ambedkar Nagar.
(3.) The identical issue has been decided by a Co-ordinate Bench of this Court in Writ-C No. 29995 of 2016 : Pooram Singh and 30 others vs. State of U.P . and 3 others, decided on 5.7.2016. Paras 7 to 13 of the order dated 5.7.2016 are reproduced as under : "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) and (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 (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. ;