Point of Law: Section 17 of Act, 1885 provides for removal or alteration of telegraph line or post on property other than that of a local authority.

JUDGMENT :

1. Heard Sri Ajay Pandey, learned counsel for the petitioners, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the respondent Nos. 1 & 3 and Sri Narendra Kumar Tiwari, learned counsel for the respondent no.2.

2. This writ petition has been filed praying for the following relief :

"(I) Issue, a writ order or direction in the nature of mandamus and commanding the respondent no.2 to remove the electricity cable of 33 K.V. feeder from the houses of the petitioners situate at Manjhanpur District Kaushambi in compliance of order dated 18.07.2018 passed by respondent no.2."

3. On 06.04.2023, this court passed a detailed order and directed the respondent no.2 to file a counter affidavit by means of his personal affidavit. The respondent no.2 was further directed to answer specifically the following questions :

(i) Whether any compensation was paid to land owners while errecting the electric line in question?

(ii) If answer to the question no.(i) is in affirmative, then the amount of compensation paid, be disclosed.

(iii) Under what authority of law, the respondent no.2 has demanded a sum of Rs.35,78,595/- as a shifting charge to shift 33 KV Electric line in question?

4. Despite time granted the respondent nos. 1 & 3 have neither filed counter affidavit nor prayed for further time.

5. In compliance to the aforesaid order dated 06.04.2023, the respondent no.2 has filed today the counter affidavit by means of his personal affidavit dated 12.04.2023, which is taken on record.

Facts :

6. Briefly stated undisputed facts of the present case are that the petitioners are the owner of the land over which a 33 KV electric line was installed by the respondent no.2. As per own case of the respondents, total 81 persons including the petitioners are affected by the aforesaid 33 KV electric line which according to the respondent no.2 was installed in the year 1995, without payment of any compensation in terms of the provisions of Section 164 of the Electricity Act, 2003 read with Sections 10 and 16 of the Indian Telegraph Act, 1885 (hereinafter referred to as "the Act, 1885"). Grievance of the petitioners is that the aforesaid electricity line running between Osha Crossing and District Hospital, is passing over the land/houses of 81 persons including the petitioners causing serious threat to life and property. The petitioners and other affected persons have moved an application before the respondents for shifting of the line. An order dated 18.07.2018 was passed by the respondent no.3 on the basis of estimate of Rs.29,77,847/- as shifting charges for shifting of the aforesaid electricity line. However, by order dated 26.05.2022 the respondent no.2 i.e. Executive Engineer revised the estimate and required deposit of Rs.35,78,595/- for shifting of the aforesaid electric line. The petitioners and two other affected persons under compulsion, deposited the proportionate amount while remaining persons did not deposit the amount. Under the circumstances, the aforesaid electric line has not been shifted due to non deposit of shifting charges.

7. Aggrieved, the petitioners have filed the present writ petition praying for the relief aforequoted.

Submissions :

8. Learned counsel for the petitioners submits that the petitioners are not liable to deposit any amount, as no compensation was paid to the land owners while erecting the electric line in question. He submits that once the respondents have themselves passed the order for shifting of the line, they can not delay shifting of electric line until the demand of charges for shifting of electric line is paid by all the affected persons. He submits that action of the respondents is in breach of the provisions of the Electricity Act, 2003 read with the Indian Telegraph Act, 1885.

9. Sri Narendra Kumar Tiwari, learned counsel for the respondent no.2 submits that the respondents are ready to shift th