Similarly the law was also considered by the Division Bench of Gujrat High Court and after discussing the various provisions of the Electricity Act and the Telegraph Act, the Division Bench of Gujrat High Curt has categorically held that the impugned action of the respondents cannot be held to be arbitrary, illegal or contrary to the provisions of the Electricity Act, 2003 on any ground whatsoever. Section 164 of the Electricity Act, 2003 read with Section 10 of the Indian Telegraph Act, 1885 recognize the absolute powers of the respondent-company to proceed in laying of high tension electricity lines or electricity poles for transmission of electricity on or over the land belonging to the persons subject to the right of the persons to claim compensation, if any damage is sustained by them by reasons of laying such high tension lines. It is further held that neither the acquisition of land is necessary nor there is any need for consent of the land holders and, therefore, no mandamus can be issued restraining the respondent-company for proceeding with the erection of poles and transmission lines through the land of the petitioners.
Madhya Pradesh High Court
Lalchand Agrawal vs Union Of India on 23 March, 2015
Citation;AIR 2015 (NOC)692 MP
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