The authorities have the power to enter upon any person's land to install high-tension transmission power, and the affected party is entitled only to compensation for any damages suffered.

Ravi Shankar Jha, J.

Heard Shailesh Mishra, learned counsel for the petitioner and Shri M.L. Jaiswal, learned senior counsel with Shri Ashok Sinha and Shri K.K. Gautam, Advocates for the respondents on the question of admission.

2. The petitioner has filed this petition being aggrieved by the act of the respondents in installing a high-tension electricity power supply transmission tower on the land bearing khasra no. 297/2 of village Katthonda, Tehsil Panagar, District Jabalpur.

3. The learned counsel appearing for the petitioner submits that in view of the provisions of Section 67 read with Section 164 of the Electricity Act 2003. and Rule 3 of the Work of Licensee Rules 2006, (hereinafter referred to as "the Rules 2006") the respondents/authorities are required to obtain prior consent of the petitioner who is the owner of the land of khasra no. 279/2, while proposing to install such a high tension electricity supply transmission tower on his land. It is submitted that in the absence of such a prior consent, the act of the respondents/authorities in continuing with the work of installing of the high-tension transmission tower on the petitioner's land is contrary to law and deserves to be quashed.

4. It is further submitted that the action has been taken by the authorities without giving any notice to the petitioner and therefore, in view of the provisions of law as stated above, the act of the respondents/authorities is contrary to the principles of natural justice and deserves to be quashed.

5. On the basis of the aforesaid submissions, it is prayed that the respondents/authorities be directed not to use the petitioner's land for installation of a higher tension transmission tower. Elaborating upon the submissions, the learned counsel for the petitioner submits that the petitioner, on coming to know of the fact that the respondents/authorities were digging a trench for the purposes of installing the transmission tower, issued another notice and submit an objection before the authorities on 7.8.2015 which was received by them on 10.8.2015 and on receiving no response, the petitioner issued a notice to the respondents/authorities on 19.8.2015 which was received by the authorities but without looking to the objection of the petitioner, the respondents/ authorities are continuing with the work of installing the high-tension transmission tower on the petitioner's land without his consent and without notice to him. On the basis of the aforesaid submissions, the learned counsel appearing for the petitioner prays for issuance of an appropriate prohibitory direction to the respondents/ authorities.

6. The learned senior appearing for the respondents per contra submits that a 132 KV transmission line has to be installed between the Madotal sub station to the processing plant of M/s Essel Jabalpur MSW Pvt. Ltd at Kathonda and for this purpose a notification dated 18.4. 2015 was published in the gazette on 24.4.2015 and the survey was conducted for the purposes of determining the route of the transmission line as the same has to be installed in a urban and semi urban area. It is submitted that two proposals were submitted before the higher authorities and the Chief Engineer has approved the second proposal, according to which one of the transmission tower was to be constructed on khasra no. 279/2 of village Kathonda i.e. petitioner's land.

7. It is submitted that while conducting the survey, in view of the oral objections received by them, the respondents /authorities approached the District Magistrate under the provisions of Section 164 of the Electricity Act and rule 3 of Rules 2006 and obtained an order for the purposes of installing transmission line on 4.6.2015, a copy of which has been filed along with the return as Annexure R1/2.

8. It is submitted that in view of the aforesaid facts and circumstances the respondents/authorities have already obtained an order under Section 16(1) of the Indian Telegraph Act 1885 as well as provisio