A.P. Chowdhri, J. - (1.) FACTS necessary for the disposal of this revision petition are that the petitioner Mohan Lal purchased one Kanal of land described in detail in the heading of the plaint in village Shadipur Tehsil Jagadhri by registered sale deed 27.12.1985 for Rs.28,900/ -. He has made construction thereon upto the plinth level beside to a boundary wall. Some time before the institution of the suit out of which the present revision has arisen, he discovered that officials of the Haryana State Electricity Board, "the Board' for short were taking steps to construct the erect a tower for laying transmission lines with overhead high tension wires on his said plot. He had no notice of any such move by the Board nor was the land in question was acquired by the Board. The petitioner, therefore, instituted a suit for permanent injunction restraining the Board from erecting a tower and also from laying overhead lines in the plot. Along with the suit, he made an application under Order 39 Rule 1 and 2 Civil Procedure Code. The learned trial Court issued ex -parte interim injunction restraining the Board from erecting a tower or laving the overhead lines in any portion of the plot in question. The Board put in appearance and stated that the work of transmission lines from 66 K.V. Sub Station Radour Road, Yamuna Nagar to Bhud Kalan Power House had been undertaken. In all 105 towers were to be erected. Work had been completed in so far as the other towers were concerned. The tower proposed to be erected in the plot in dispute being No.96 was the only tower left to be constructed. Work on the entire project had been held up because of the ex parte interim injunction granted by the Court. It was further stated that the Project was being implemented under a Scheme which was duly approved by the Chief Engineer vide his Memo, dated 11.8.1987 in accordance with the provisions of Sections 28 and 29 of the Electricity (Supply) Act, 1948 hereinafter referred to as ('the Act') which was duly published in accordance with law.
(2.) THE learned trial court came to the conclusion that prima facie the plaintiff was shown to be owner of the plot on the basis of entries in the Jamabandi for the year 1985 -86 and sale deed dated 27.12.1985. No material having been placed before the trial Court with regard to publication of the Scheme referred to in Section 28 and 29 of the Act, is was held that action of the Board was prima facie not valid and accordingly the ad -interim injunction was made absolute. Learned trial Court also observed that no prior notice had been given to the plaintiff nor was the land in question acquired by the Board. Aggrieved by the order, the Board preferred an appeal. During the hearing of the appeal, the Board was allowed to produce a copy of the Gazette notification dated 8.6.1982 as also of the Newspaper in which the aforesaid Scheme had been published in compliance with the provisions of Section 28 & 29 of the Act. Learned Additional District Judge held that section prima facie the action of the Board was in accordance with law and balance of convenience was also in its favour. He observed that if the injunction was granted, it would hold up the execution of the Project for an indefinite period resulting in irreparable loss to the appellants. He, therefore, allowed the appeal and vacated the temporary injunction granted by the trial Court.
(3.) THE plaintiff felt aggrieved by the order of the learned Additional District Judge and has preferred the present revision. Before dealing with the contentions of learned counsel for the appellant, it will be convenient to notice the relevant provisions of the Act. Section 28 empowers the Board to prepare one or more schemes relating to, inter alia, transmissions lines. It may be mentioned that clause (b) of Section 18 and clause (c) of sub -section (1) of Section 180 -A of the said Act empower the Board to prepare and carry out schemes for transmission and distribution by itself or in co -ordination with the other Boards. Sub -section(3) of Section 28 requires the Scheme to be published in the Official Gazette and in such other local newspapers as the Board may consider necessary. Section 29 of the Act relates to Schemes involving capital expenditure exceeding five crore rupees. Sub -sectioh(2) of Section 29 lays down that among other things the Scheme shall contain the estimates of the capital expenditure involved, salient features thereof and the benefits that may accrue therefrom to be published in the Official Gazette of the State concerned and in such local newspapers as the Board may consider necessary along with a notice of the date, note being less than two months after the date of such publication before which persons interested may make representations on such schemes. The Board is empowered to finalize the Scheme after taking into consideration the representation if any, received in this behalf and after making such enquires as it thinks fit to modify the Scheme. The Scheme is then forwarded to the State Government as well as the Authority. Remaining para of Section 29 is not relevant for the present purpose. Section 42 of the same Act empowers the Board to place any wires poles, wall brackets, stays, apparatus and appliances for the transmission and distribution of electricity. Sub -section (1) further lays down that Board shall have all the powers which the telegraph authority possess under Part III of the Indian Telegraph Act, 1885 with regard to a telegraph established or maintained by the Government or to be so established or maintained Part II of the Indian Telegraph Act, 1885 with regard to a telegraph established or maintained by the Government or to be so established or maintained Part III of the Indian Telegraph Act, 1885 contains Sections 10 to 19 -B in Part III. Section 10 empowers the telegraph authority to place and maintain a telegraphic line under, over, along or across and posts in or upon any immovable property. Clause (b) of the proviso to Section 10 makes it clear that thereby the Central Government shall not acquire any right, other than that of user only in the property used to the Telegraph Authority. Clause (c) of the same proviso inter -alia lays down that where by he exercise of the powers under Section 10, any damage is caused, the Government shall pay full compensation to all persons interested. Sub -section (3) of Section 16 of the Indian Telegraph Act lays down that 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 or the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.;