Point of Law: When the element of expertise is involved and the same is undertaken by the statutory body as per law, the power of judicial review will have to be entertained with extreme caution. Judicial Review -

JUDGMENT :

M.M. SUNDRESH, J

(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 10.03.2021 in W.P.No.19113 of 2020.)

1. This writ appeal has been preferred by the owners of the land challenging the order passed by the District Collector dated 28.10.2020 invoking Section 16(1) of the Indian Telegraph Act, 1885 read with Section 14 of The Electricity Act, 2003, facilitating the completion of the over head towers. The learned Single Judge after elaborately considering the contentions raised, dismissed the writ petition and hence the present appeal.

2. We may note that on the very same Scheme, though for a different area dealing with the similar issues argued by the same counsel, the Division Bench of this Court in W.A.No.79 of 2019 by judgment dated 11.04.2019 dismissed the appeal filed by the land owners and the Special Leave Petition filed against the same was also dismissed.

3. The facts as dealt with by the Division Bench in W.A.No.79 of 2019 are reproduced hereunder for better understanding and appreciation:

"2. Facts in brief:

(i) Before proceeding further to deal with the submissions made by the learned counsel appearing for the parties, it would be appropriate to place on record the background facts including the role of the second respondent, scope of the enactments coupled with jurisdiction of this Court.

(ii) The second respondent is a Government of India Enterprise and The Central Transmission Utility working under the aegis of the Ministry of Power. We are concerned in this appeal with the role of the second respondent in the project undertaken by it, as can be seen from the following paragraphs of the affidavit filed by it:

“3......... It is a Corporation of National Importance incorporated as a “Government Company”, under the provisions of the Companies Act, 1956, and is established with a view to develop an efficient Power Transmission System Network and is responsible for planning and coordination of inter-state transmission system and also responsible for establishment and operation of the Regional and National Power Grids, to facilitate transfer of power within and across the regions and is a Deemed Transmission Licensee in the capacity of “Central Transmission Utility” as envisaged under Sections 38 & 40 of The Electricity Act, 2003 as notified, vide Notification dated 27th November, 2003, published vide Gazette of India No.1084 dated 4th December 2003

4. I submit that the Corporation is empowered under the provisions of the Electricity Act, 2003 (hereinafter referred to as the Electricity Act) and the Indian Telegraph Act, 1885 (hereinafter referred to as the Telegraph Act) to place and maintain power transmission Towers and to draw transmission lines under, over, along or across, and posts in or upon, any immovable property. Further, the aforesaid statutes, provide for the manner of removal of resistance/obstructions coming in the way of exercise of the powers conferred. The relevant provisions of the aforesaid enactments are discussed hereunder:

a. As per Section 14 of 'The Electricity Act, 2003','Central Transmission Utility' shall be deemed to be a 'Transmission Licensee' under the Act.

b. As per Sec.164 of 'The Electricity Act, 2003' the Appropriate Government may by order in writing for the placing of electric lines or electrical plant for the transmission of electricity confer upon the 'Licensee' any of the powers which the Telegraph Authority possesses under the Indian Telegraph Act, 1885.

c. The Government of India in exercise of powers conferred under Sec.164 of “The Electricity Act 2003' had passed an Order dated 24.12.2003, vide Gazette of India No.1148 authorizing this Respondent to exercise all powers vested in the Telegraph Authority under part III of the Indian Telegraph Act,1885, in respect of Electrical Lines and Electrical plants established or maintained, or to be so established or maintained for Transmission of Electricity or for the purpose of Telephonic or Telegraphic