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2007 Supreme(All) 739

DILIP GUPTA, ANJANI KUMAR
BRAHAM SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Anil Mehrotra for Power Corporation.

JUDGMENT

By the Court.—The petitioners who are resident of village Titawi situate in Pargana Baghra, Tehsil Sadar, District Muzaffarnagar have filed this petition as they apprehend that the Power Corporation will install towers on their land for the purposes of High Tension 132 KV lines. Their contention is that the towers cannot be fixed on their lands in contravention of the provisions of the Electricity Act, 2003 (hereinafter referred to as the ‘’Act’).

2. We have heard learned counsel for the petitioner and Sri Anil Mehrotra, learned counsel appearing for the respondent Power Corporation.

3. Sri Anil Mehrotra, learned counsel appearing for the Power Corporation has placed before us the provisions of Section 164 of the Act and the decision of this Court rendered in Deva Raj v. U.P. State Electricity Board, Lucknow and others, AIR 1977 All 452 and contended that such towers can be fixed as the provisions of Section 10 of the Telegraphs Act are applicable and all that the petitioners can claim his compensation for the damages sustained by reason of exercise of such power.

4. In Deva Raj (supra), a Division Bench of this Court examined the provisions of Section 51 of the Indian Elect






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