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2015 Supreme(MP) 115

N.K.GUPTA, SHEEL NAGU
Elihu Estate and Finance Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT :

” Heard on admission.

2. The appellants have preferred the present writ appeal against the order dated 18.9.2014 passed by the writ Court in W.P.No.2496/2013, whereby no writ was issued by the writ Court and writ petition was dismissed.

3. Facts of the case, in short, are that, the respondent No.2 was erecting tower for electrical line over the lands of the appellants with help of a contractor (Licensee). The appellants have filed a writ petition that without their consent, such electrical line could not be erected.

4. Learned single Judge, after considering the submissions made by the parties, dismissed the writ petition vide impugned order dated 18.9.2014.

5. Learned counsel for the appellants has invited the attention of this Court to the provisions of Section 16 of Indian Telegraph Act and submitted that powers given under Section 10 of Indian Telegraph Act shall be read with Section 16 of that Act and therefore, without consent of the appellants, no such electrical line can be erected. Learned counsel for the appellants has also placed his reliance upon an order passed by the single Bench of Madras High Court in case of ' T. Narayanan v. Power Grid Corporation (India







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