SUPERINTENDING ENGINEER Vs. THANGAPRAKASAM

JUDGEMENT

(1.) The revision petitioners are the defendants in O.S. No. 664/96 on the file of the District Munsif, Ponneri and the respondent is the sole plaintiff in that suit. That suit was filed for a permanent injunction restraining the defendants from digging or erecting any post in the suit property and drawing high tension supply line in and over the suit property. Pending suit, the plaintiff filed an application namely, I.A. No. 1701/96 for an interim order which is more or less on the same lines as prayed for in the plaint. The learned trial Judge granted an order of injunction as prayed for. The defendants appealed in C.M. A. No. 28/97 on the file of the Sub-Judge, Thiruvallur and the learned appellate Judge dismissed the said appeal on merits. Hence the present revision before this Court at the instance of the defendants in the suit.

(2.) I heard Mr. V. Rengapashyam, learned counsel appearing for the revision petitioners and Mr. J. Pothiraj, learned counsel appearing for the respondent in this revision. The plaintiff is shown to be the owner of various extent of lands comprised in Survey Numbers 318/2, 321/1 and 322/3. The grievance of the plaintiff is that, as he is running a school in the said extent of land, the defendants should not be allowed to erect any tower in his lands for the purpose of installing electric posts for carrying high tension wires. According to the plaintiff, the defendants have no right to do so in his property and in any event, if they are allowed to do so, it is likely to endanger the inmates of the school. The said contention of the plaintiff has been accepted by the Courts below, despite objections by the Electricity Board. The learned counsel for the Board would contend that except erecting a tower and installing posts for the purpose of carrying high tension wires, the Board is not claiming any other right in the property of the plaintiff. In other words, according to the learned counsel for the Board, the Board is claiming only a right of user over the plaintiff's property, which is statutorily protected. The argument of the Board's counsel is opposed by the learned counsel for the land owner/respondent stating that the Board has no unfettered right to act in the manner in which they are attempting to act and principle of natural justice is attracted to the case on hand. Therefore according to the learned counsel for the respondent, the land owner's consent should have been taken before the commencement of the work. The learned counsel for the owner of the land would also state that, if at all the Board wants to have the work done in the field of the plaintiff, then they must necessarily acquire the land under the provisions of the Land Acquisition Act.

(3.) In the context of the arguments advanced by the learned counsel on either side, I perused the order under challenge. There is a sanctioned Scheme dated 25-6-90 and the said Scheme is for establishing Gummidipoondi 230-110 KV Sub Station and additional work at Gummidipoondi 110 KV Sub Station and Panjetty 110 KV Sub Station. The estimated cost of the said Scheme is fixed at Rs. 1028 lakhs. The Scheme empowers the Board to exercise the powers of the Telegraph Authority under the provisions of Section 42 of the Electricity Supply Act and the Board shall not be bound by the provisions of Sections 12 to 16, 18 and 19 of the Indian Electricity Act, 1910, Section 42 of the Electricity Supply Act specifically empowers the Board, notwithstanding anything contained in Sections 12-16, 18 and 19 of the Indian Electricity Act, 1910, but without prejudice to the requirements of Section 17 of that Act, where provision in such behalf is made in a sanctioned Scheme, to place any wires, poles, wall-brackets, etc............ for the transmission and distribution of electricity of the towers which the Telegraph Authority possesses under Part 3 of the Indian Telegraph Act 1885. Therefore the requirement of getting consent of the owner of the property before the work can be commenced as provided for under the Indian Electricity Act is dispensed with under Section 42 of the Electricity Supply Act.