The authority's compliance with the provisions of the Indian Telegraph Act, 1885 and the sufficiency of compensation were central legal points established in the judgment.

JUDGMENT

Suvra Ghosh, J. - The prayers of the writ petitioners are as follows:-

'(a) A writ in the nature of mandamus do issue directing the Respondent authorities and more particularly the Respondent No.3 not to take any action towards installation of the high tension electric transmission line or the supporting poles on the land of the petitioners without following the due process of law;

(b) A writ in the nature of prohibition do issue prohibiting the Respondent authorities from encroaching the land of the Petitioners without following the due process of law;'

2. The petitioners are aggrieved by the decision making process adopted by the third respondent in installing a pole for transmission of high voltage electricity by encroaching upon the petitioners' land. Learned counsel for the petitioners submits that no notice of such installation was served upon the petitioners in terms of the provisions of the Electricity Act, 2003 and in any event, if such high tension electricity pole is to be installed on the land of the petitioners, notice ought to have been given for acquisition of the said land and payment of adequate compensation as per the market value of the land to the petitioners. On inquiry, the petitioners were informed that no notice was given by the third respondent to any person whose land was likely to be affected by such installation and upon insistence of the first petitioner, the third respondent handed over a sketch map indicating its plan of action and laying of high tension line on the petitioners' land.

3. Referring to section 10(d) of the Indian Telegraph Act, 1885, learned counsel for the petitioners' submits that in installing such high tension electric transmission line, the authority should do as little damage as possible and pay full compensation to all persons interested for such damage sustained by them. It is further submitted that the high tension electric line shall run through the middle of the land covering a substantial area and the land cannot be utilised for any other purpose.

The petitioners intend to set up a factory in the said land after conversion of the land and such application for conversion is pending before the concerned authority. The petitioners have taken the court to paragraph 6 (d), (e), & (i) of the affidavit-in-opposition used by the third respondent which demonstrates that in exercise of powers under section 164 of the Electricity Act, 2003, the Central Government, vide notification no. 610 dated 16-02-2018 published in the Gazette of India, has conferred the powers of 'Telegraph Authority' upon PMJTL/Power Grid and as a part of 400 KV Jeerat (New)-Subhashgram Transmission Line, the third respondent is required to install transmission towers, amongst others, over the land of the petitioners to enable symmetric stringing of transmission line. Also, this respondent handed over a road sketch map indicating the route map and alignment of the transmission line over the petitioners' land as well as the adjoining lands.

4. Learned counsel for the petitioners' points out that admittedly no individual notice was served upon the petitioners and the third respondent claims to have made newspaper publication informing installation of the high tension line. But neither a copy of such publication is annexed to the affidavit, nor is the date of publication declared. The maps annexed to the affidavit are vague and unintelligible and the assessment of compensation demonstrated in page 55 (annexure R/4 to the affidavit-in-opposition) is without any basis. The petitioners' proposal for an alternative route to shift the tower location was turned down by the respondent vide order dated 27th September, 2021 without giving an opportunity of hearing to the petitioners.

5. The value of the land is more than Rs. 5,00,00,000/- (Rupees Five Crores) whereas compensation has been calculated at Rs. 1,88,000/- , the factors taken into consideration for such determination not being disclosed. Pointing to the err