The objection of the landowner regarding alignment is not relevant for the purpose of alignment but can only be considered with regard to compensation under Section 16 of the Telegraph Act.

1. The petitioner filed the present writ petition seeking for a Certiorarified Mandamus calling for the records of 2nd respondent leading to the issue of the impugned order No.SE/GCC/CNI/AEE/MM/F.LRT/D 379/10 dated 25.5.2010 and quash the same as illegal and void and consequently direct the respondents to forbear from erecting electrical towers on the petitioner's lands in Survey Numbers 292/2, 293/5, 290/1, 293/7 & 289/3B without their consent and without following the due process of law.

2. The petitioner, a private limited company, has filed this writ petition to quash the letter of the second respondent Superintending Engineer dated 25.05.2010 whereby the objection of the petitioner to realign the transmission line has been rejected by the Superintending Engineer stating that the erection of the tower lines was commenced based on the Government approval granted in G.O.Ms.No.102 Energy (C3) Department, dated 10.12.2009 as provided under Sections 68 and 164 of the Electricity Act, 2003. The Superintending Engineer also stated that the technical feasibility was considered at the time of drawing the proposal and approval of the project and therefore, deviation is not possible. It is also stated in the impugned proceedings that since the erection of the tower lines is as per approved scheme under Section 164 of the Electricity Act 2003, the petitioner should co-operate in its implementation. Challenging the said reply Mr.V.Parthiban, learned counsel appearing for the petitioner submits as follows:

For the purpose of erection of tower lines, the respondent authorities will have to follow Section 67 of the Electricity Act, 2003 and the rules made thereunder. Section 185(2)(b) of the Electricity Act, 2003 states that the provisions contained in Sections 12 and 18 of Indian Electricity Act, 1910 and the rules made thereunder shall have effect until the rules under Sections 67 to 69 of this Act are made. He also pointed out Section 12 of the Indian Electricity Act, 1910 to plead that objection has not been considered as per law. Sub-sections 1 and 2 of Section 12 of the Indian Electricity Act, 1910 reads as follows:

"12.) Provisions as to the opening and breaking up of streets, railways and tramways -

(1) Any licensee may, from time to time but subject always to the terms and conditions of his licence, within the area of supply, or, when permitted by the terms of his licence, to lay down or place electric supply-lines without the area of supply, without that area-

(a) open and break up the soil and pavement of any street, railway or tramway;

(b) open and break up any sewer, drain or tunnel in or under any street, or tramway;

(c) lay down and place electric supply-lines and other works;

(d) repair, alter or remove the same; and

(e) do all other acts necessary for the due supply of energy.

(2) Nothing contained in sub-section (1) shall be deemed to authorise or empower a licensee, without the consent of the local authority or of the (owner or occupier) concerned, as the case may be, lay down or place any electric supply-line, or other work in, through or against any building, or on, over or under any land not dedicated to public use whereon, wherever or whereunder any electric supply-line or work has not already been lawfully laid down or placed by such licensee:

Provided that any support of an (overhead line) or any stay or strut required for the sole purpose or securing in position any support of an (overhead line) may be fixed on any building or land or, having been so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or land, if the District Magistrate or, in a Presidency-town, the Commissioner of Police by order in writing so directs:

Provided also, that, if at any time the owner or occupier of any building or land on which any such support, stay or strut has been fixed shows sufficient cause, the District Magistrate or, in a Presidency-town, the Commissioner of Police