R.K. Merathia, J.

1. Heard the parties at length for final disposal.

2. Petitioners contention is that the respondents cannot use their land/part of it for erection of towers and for transmission of overhead lines without their consent; whereas the contention of the respondents is that no such consent is required.

3. The question, therefore, falls for consideration is whether the consent of petitioners is required for erecting towers and transmission of the overhead lines over their land ?

4. Respondent No. 1 is a Central Government Company and is a Licensee under the Electricity Act, 2003 (the Licensee for short). The Licensee is required to establish transmission system and to undertake transmission of electricity through inter-State transmission system. Therefore by a notification dated 24.12.2003 issued under Section 164 of the Electricity Act, 2003, the Ministry of Power, Government of India, authorized the Licensee to exercise all the powers vested in the Telegraph Authority under Part III of the Indian Telegraph Act, 1885. Then a scheme for transmission line of about 418 Kilo meters, involving a total cost of about Rs. 342 Crores was also approved on 14.1.2004 under Sect