- (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 para-5 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.;