S.A.BOBDE

1. By these petitions, the petitioners, who are owners and occupiers of land, have in effect challenged the laying of a 400 KV electric transmission line from KoradiII to Wardha (Power Grid). The laying of the electric line involves the construction of towers in the land of the petitioners. Though the challenges are not common to all petitions, the petitioners have questioned the vires of Section 164 of the Electricity Act, 2003 and Section 10 of the Indian Telegraph Act, 1885. They have also challenged the notification dated 24.08.06 issued by the Government of Maharashtra under Section 164 of the Electricity Act, 2003, empowering the Maharashtra State Electricity Transmission Company Ltd. (hereinafter referred to as the “Transmission Company”) to exercise the powers of a Telegraph Authority for the purpose of laying of an electric lines. The petitioners have also challenged the various orders of the District Magistrate under Section 16(1) of the Indian Telegraph Act, 1885 permitting the transmission company to exercise the powers of laying an electric lines after finding that the resistance or obstruction of the petitioners is not justified and further direct