JUDGMENT :

M.M.SUNDRESH, J.

This present appeal has been filed by the appellant against the order of the learned Single Judge, who while setting aside the order dated 26.05.2010 passed by the third respondent on the premise that in the absence of any damage to the trees, crops, building or permanent structure in the land, the other questions pertaining to damages cannot be decided under Section 10d of the Indian Telegraph Act,1855 (for short 'the Act').

2. The learned Single Judge while setting aside the order impugned remitted the matter for fresh consideration to the third appellant for fixing the compensation for dilution of the value of the land caused due to the overhead lines.

3. Learned Senior Counsel appearing for the appellants submitted that Section 10d which comes under part III of the Indian Telegraph Act, 1885 does not deal with either damage or compensation to the property per se except those involving trees, crops or permanent structure, as the case may be. On facts, it is submitted that even otherwise there is no damage. Therefore, the only remedy open to the first respondent/writ petitioner is to invoke Section 16(3) of the Act or by way of filing a suit before the Dis