The provisions of the Indian Telegraph Act, 1885, and the Electricity Act, 1910, empower the telegraph and electricity authorities to place and maintain telegraph and electric lines over immovable property without acquiring it under the Land Acquisition Act.

The petitioners in this writ petition seek a direction to the respondents not to erect high tension electric wire over their raiyati lands without acquiring them under the provisions of the Land Acquisition Act and paying compensation, The aforesaid direction has been sought with respect to lands of Plot Nos. 21, 165, 398 and 498 of villages Bantara and Heretaja within Gola Police Station of District Hazaribagh which have been described as agricultural lands in the writ petition.

2. According to the respondents, the lands are degraded lands and so far as Plot Nos. 21 and 165 are concerned, they do not belong to the petitioners As regards Plot No. 398 it has been stated that the amount of compensation has been paid to Smt. Gyan Devi, mother of the petitioner no. 2 and, likewise, the amount compensation with respect to plot No. 498 has also been paid to said Smt. Gyan Devi as well as Shri Jagannath Singh, father of petitioner no. 1 It has further been stated that petitioner nos. 3 and 4 have declined to accept the compensation money on the ground that the same is insufficient The money, however, is lying with the Circle Officer, Gola, which can be collected by the said two petitioners from him.

3. As regards the question as to whether the electric poles can be erected over the raiyati lands without acquisition under the Land Acquisition Act, it is the case of the respondents that the provisions of Indian Telegraph Act, 1885 empower the telegraph authorities to place and maintain the telegraph line over and across any immovable property Section 51 of the Indian Electricity Act, 1910 empowers the State Government to confer the powers of the Telegraph Authority under the Telegraph Act upon any public officer, licensee or any other person engaged in the business of supply of electrical energy under the Electricity Act By virtue of notification dated 16.9.69 issued in terms of Section 51 of the Electricity Act the Damodar Valley Corporation is thus empowered to erect poles for transmission of electricity over the lands without its acquisition Section 51 of the Electricity Act runs as follows :-

"51 Exercise in certain cases of powers of telegraph authority - Notwithstanding anything in Secs. 12 to 16 (both inclusive) and Secs. 18 and 19, the (State Government) may by order in writing, for the placing of (electric supply lines, appliances and apparatus for the transmission of energy 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 energy to the public under this Act), subject to such conditions and restrictions (if any) as the (State 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 purposes of a telegraph established or maintained by the Government or to be so established or maintained."

The respondents have brought on record copy of the notification dated 16.9.69 from which it appears that the powers possessed by the telegraph authority under Sections 10 to 19 of the Telegraph Act have been vested in the Superintending Engineer, Damodar Valley Corporation, Transmission System Construction, Panchet for the placing of electric supply-lines, applicances and apparatus for the transmission of energy required for the construction and maintenance of extra high, high, minimum and low tension electric supply-lines of the Corporation in the districts of Hazaribagh, Singhbhum, Manbhum, Santal Paragana, Ranchi and Palamau.

4. Section 10 of the Indian Telegraph Act provides "telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or on, any immovable property." It is not necessary to notice other provisions which also have been m