R.SUBBIAH, N.PAUL VASANTHAKUMAR
The Superintending Engineer, Tamil Nadu Electricity Board, Tirunelveli – Appellant
Versus
M. Sengu Vijay – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The case involves a dispute over the removal of electric poles and service lines from private land and who should bear the expenses for shifting them (!) (!) .
The landowner (1st respondent) requested the electric poles and lines to be removed, asserting that no consent or compensation was given or paid by the previous owner or the electricity board, which should be necessary under applicable law (!) (!) .
The electricity board argued that the poles were erected with implied consent, as no objection was raised at the time of erection, and they are authorized under the relevant statutory provisions to install and maintain electric lines on land (!) .
The court examined the provisions of the Indian Telegraph Act and the Indian Electricity Act, emphasizing that in the absence of explicit consent or compensation paid to the previous landowner, the silence or lack of objection does not constitute implied consent (!) (!) .
It was held that the electricity board is legally bound to pay compensation for damages caused by erecting poles on private land, and without such payment or explicit consent, the landowner cannot be compelled to bear the expenses of shifting the lines (!) (!) .
The court's decision confirmed that the electricity board must bear the costs of removing the poles, as there was no evidence of prior payment of damages or consent from the previous owner (!) (!) .
The appeal was dismissed, and the original order directing the removal of the poles without charging the landowner was upheld (!) .
The judgment underscores the importance of obtaining explicit consent and paying compensation when installing infrastructure on private property, and that mere silence or non-objection does not imply consent under the applicable statutes (!) (!) .
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R. SUBBIAH, J.,
1. This appeal is preferred against the order dated 20.04.2010 passed by a learned single Judge of this Court in W.P.(MD) No.2176 of 2010, whereby the learned single Judge allowed the writ petition filed by the 1st respondent herein, by directing the appellants and the 2nd respondent herein to remove the electric poles and service lines from the 1st respondents land.
2. The brief facts, which are necessary to decide the issue involved in the writ appeal, are as follows:
The 1st respondent is the owner of the land in S.Nos.159/2, 160 and 161/1A situate in Alangara Peri Village within the Sub-Registration District of Gangaikondan, having purchased the same by a sale deed dated 09.04.2008 from one T.Komban. Subsequently, the said land was sub-divided as S.Nos.159/2B, 160/2 and 161/1A2. The 1st respondent had also obtained patta for the said land and he applied for lay-out and the Director of Town and Country Planning approved the lay-out by his Proceedings No.14/2009 dated 19.02.2009; but in the said Proceedings, the Director of Town and Country Planning observed that the electrical poles and lines situated in the subject land may be shifted along the road f
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