ANJANI KUMAR, J. - (1.) THE petitioners who are resident of village Titawi situate in Pargana Baghra, Tehsil Sadar, District Muzaffarnagar have filed this petition as they apprehend that the Power Corporation will install towers on their land for the purposes of High Tension 132 KV lines. Their contention is that the towers cannot be fixed on their lands in contravention of the provisions of the Electricity Act, 2003 (hereinafter referred to as the 'Act').
(2.) WE have heard learned counsel for the petitioner and Sri Anil Mehrotra, learned counsel appearing for the respondent Power Corporation. Sri Anil Mehrotra, learned counsel appearing for the Power Corporation has placed before us the provisions of Section 164 of the Act and the decision of this Court rendered in Deva Raj v. U.P. State Electricity Board, Lucknow and Ors., AIR 1977 Allahabad 452 and contended that such towers can be fixed as the provisions of Section 10 of the Telegraphs Act are applicable and all that the petitioners can claim is compensation for the damages sustained by reason of exercise of such power.
(3.) IN Deva Raj (supra), a Division Bench of this Court examined the provisions of Section 51 of the Indian Electricity Act, 1910 which is similar to the provisions of Section 164 of the present Act of 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 Electricity Board did not have the power to locate towers on the land owned by a person.;