- (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder a direction has been sought for upon the respondent nos.2, 3 and 4 to stop erection/establishment of electric towers/pillars over the land belonging to the petitioner situated in Rajganj, Mouza No.198, Khata No.163, Plot No.1616, area 1.74 acres.
(2.) This Court after hearing the learned counsel for the petitioner and after going across the pleading is of the view that the question which has been agitated in this writ petition fell for consideration before the Hon'ble Apex Court in the case of Power Grid Corporation of India Limited Vs. Century Textiles and Industries Limited and Ors. reported in (2017) 5 SCC 143 whereby and whereunder, it has been held that in the case of constructing of the tower over 33 KV Line, there will no acquisition of the land rather the only user's right is being taken by the transmission company and as such the title holder will be entitled to get the compensation to be adjudicated by the District Judge of the concerned District and, therefore, it has been submitted that at best the case of the petitioner is to get proper compensation for which he is to approach before the concerned District Judge for proper compensation.
(3.) Before going into the legality and propriety of the order it needs to refer the provision as contained under Sections 10 and 16 of the Indian Telegraph Act, which is being referred hereunder as :- "Exercise of powers of Telegraph Authority in certain cases.- The appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, such to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained. ;