JUDGMENT :

[Piyush Agrawal, J.]

1. By means of the instant Public Interest Litigation, the petitioner has prayed for following, amongst other, relief :

''I. Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 not to raise the construction of line tower for running the electricity wire in Village Bhamai Husamganj, Post Deewanganj, District Prayagraj between the abadi side and further restrained respondents not to raise any construction from the land of the land owners without complying the provisions provided under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.''

2. Learned counsel for the petitioner submits that Uttar Pradesh Power Transmission Corporation Limited, i.e., the respondent No. 3, is laying high tension memorandum wire between the abadi side of the village, for which various electricity supply towers are being constructed. He further submits that area from where the high tension memorandum wire is going to be laid, there exists schools, agricultural fields and village abadi. Therefore, the same may not be allowed to be laid. In other words, he wants that the said high tension line may be diverted or the alignment may be altered so that the abadi area, schools, agricultural fields, etc. may be unaffected.

3. Learned counsel for the respondents submits that the relief claimed by the petitioner cannot be granted as the alignment of the high tension line cannot be changed to benefit some of the petitioners as alignment is not decided by any individual; rather, the same is a result of collective efforts of experts. He further submits that it is a prestigious project for the State to transmit power and the entire exercise has been done after due approval from the competent authorities. Before planning to erect the transmission line, not only the topography of the area, but even the soil is also tested to ensure that the same can sustain the load. He prays for dismissal of the petition.

4. Heard learned counsel for the parties and perused the record.

5. The facts, which are not in dispute, are that the Corporation got permission to lay high tension transmission line. The lines are to be drawn, which pass through the land of Village - Bhamai Husamganj, Post - Deewanganj, District - Prayagraj. The plea raised in the petition is that alignment of the Transmission Line be changed so that the schools, agricultural fields, abadi, etc. are saved. The Transmission Line is proposed in a straight line passing through the land of the village in question, change of alignment of which may not be possible, considering the fact that it is the job of the experts as to which route is to be adopted for erection of high power Transmission Lines. The petitioners have not challenged any notification, which empowers the respondents to lay the transmission line, as the Indian Telegraph Act, 1885 (hereinafter referred to as, 'the Act') empowers the State to issue notification mentioning details of the area through which transmission line will pass through.

6. Section 10 of the Act authorizes the authority to place and maintain a telegraph line under, over, along, or across, and posts in or upon any immovable property. Proviso (b) to Section 10 of the Act makes it abundantly clear that while erecting lines, the authority does not acquire any right other than that of user in the property, which is subject to payment of compensation. Further argument of the counsel for the petitioners that neither any information nor opportunity was granted to file objection before approval/notification notifying the laying of the power transmission line so that a detailed objection could be filed requesting beneath the alignment, there are schools, agricultural fields, abadi, etc. is totally misconceived.

7. As has been observed in a judgment by the Division bench of Nagpur Bench of Bombay High Court in Vivek Brajendra Singh v. State of Government of Maharashtra