By the Court.—Subhash Chandra and 4 others are before this Court with request to issue a writ, order or direction in the nature of mandamus restraining respondents not to interfere in peaceful possession of their land detailed in the present writ petition by re-aligning the high tension wire alongwith the poles sought to be set up on their land without giving any notice of personal hearing. They have further prayed for direction to the respondents to determine and pay the compensation to the persons, who are sought to be displaced by such exercise.

2. The petitioners claim to have transferable rights in the agricultural land detailed in para-5 of the writ petition. It is alleged that the respondents, without obtaining the consent of the petitioners, have resumed their land to realign the high tension power lines alongwith the poles sought to be set up on their land without giving notice of personal hearing to them. On account of high tension power lines drawn over their land, they are unable to use their land for any purpose. The cause of action for filing the present writ petition had arisen when the respondent authorities had started making inspection over the petitioners’ land.

3. Learned counsel for the petitioners submits that the high tension power lines cannot be drawn over the land of any person without taking his expressed consent. If any objection is raised for digging up the land to instal poles and drawing electricity lines, which may affect beneficial enjoyment of the land, the respondents must compensate the persons who suffer the loss of the beneficial utilisation of the land. He submits that in view of Section 164 of the Electricity Act read with Electricity Rules, and Sections 10, 16, 16 (1) of the Indian Telegraph Act, 1885 (13 of 1985), the petitioners are entitled to compensation at the rates for which they have represented.

4. The claim of the petitioners has been opposed by Shri J. Nagar, Senior Advocate assisted by Shri Pratik J. Nagar, Advocate appearing for the respondents. It has been contended that the Power Grid Corporation of India Limited (the Corporation) has been empowered under Section 164 of the Act to exercise powers of the telegraph authorities including the power under Section 10 of the Telegraph Act. It can also erect towers on any immovable property and lay overhead electrical lines over any immovable property. It has been contended that the Corporation is a licensee under the Act. Such towers can be fixed as the provisions of Section 10 of the Telegraph Act are applicable and all the petitioners can claim compensation for damages.

5. We have considered the submissions of learned counsel for the parties and perused the record.

6. The main contention of learned counsel for the petitioners is that no consent has been taken from the petitioners for laying down the high tension power line, which was obligatory for the respondents to have obtained permission from the District Magistrate for the same. In the present matter, since the respondents are exercising the powers under Sections 10 and 16 of Telegraph Act, the provisions itself oblige the respondents to obtain the consent of the District Magistrate.

7. It is relevant to indicate that both telegraph lines and electrical lines are required to be drawn over the agricultural lands and/or other properties belonging to third parties. In drawing such lines, the entire land cannot be acquired but the effect thereof would be diminution of value of the property over which such line is drawn. The Telegraph Act provides for the manner in which the amount of compensation is to be computed therefor. Section 10 of the Telegraph Act empowers the authority to place and maintain a telegraph line under, over, along or across, or posts in or upon any immovable property. Section 11 empowers the officers to enter on property in order to repair or remove telegraph lines or posts. Section 12 empowers the authority to grant permission for laying down suc