Hon’ble Alok Singh, J. (Oral)

1. Vide notification published in Extraordinary Gazette of India on 24th December, 2003, Power Grid Corporation of India was authorised to exercise all the powers of the Indian Telegraph Act, 1885. Notification dated 24th December, 2003 was issued under Section 144 of the Indian Electricity Act, 2003. Vide Notification dated 16th November, 2009, Government of India, while exercising the power under Section 68 of the Electricity Act, 2003, was pleased to permit the Power Grid Corporation of India to lay down 400 kV Bareilly-Kashipur-Roorkee-Saharanpur line with the stipulation that implementation agency will commence project within three years.

2. Learned counsel for the petitioner submits that Power Grid Corporation of India has changed the route of transmission line between pole No. 111/0 to 190/0 to save the properties of others and having diverted the route of the line, they are proposing to lay down line over/ through the property of the petitioner.

3. Mr. A.S. Rawat, learned Senior Advocate assisted by Mr. Kartikey Hari Gupta, learned counsel for respondent Nos. 1 and 2 contends that transmission line cannot be diverted at the whims an