Public interest consideration is paramount in injunction matters, affecting the balance of convenience and relief granted.

Gopal Sri Ram JCA:

The respondent before us is the registered proprietor of the piece of land. It brought an action against the appellant for trespass. The complaint in the court below is that the appellant without lawful authority constructed a pylon on the respondent's land and thereby committed trespass. After a long and protracted trial the learned judge granted the following relief:

(a) a declaration that the appellant is not entitled to build the pylon found on the respondent's land near its southern border on the eastside or any pylon over or on respondent's land nor have transmission, lines carried over the respondent's land;

(b) an injunction restraining the appellant, its servants or agents from building any pylon on or over or carrying any transmission line over the respondent's land; (c) an order requiring the appellant to remove any pylon or any transmission line encroaching the respondent's land; and

(d) costs.

The appellant has appealed against these orders.

In the court below the original defence was a bare denial. After the trial commenced the appellant applied to amend its defence. It took the point that it had a wayleave agreement and relied on the Electricity Act 1949 and the Electricity Supply Act 1990. It attempted to show that it was justified in having the pylon on the respondent's land by reason of an existing wayleave. However, as found by the learned judge, the appellant failed to show a wayleave agreement under the relevant legislation referred to.

The appellant did not rely on the common law defence of acquiescence. It proceeded on the basis that at some point in time it must have given notice of its intention to use the area of land in dispute. Needless to say, the learned judge found no difficulty in rejecting that argument.

It is necessary at this point to reproduce the provisions of the law that the appellant relied on in support of its case, namely, ss. 53 and 56 of the Electricity Act 1949 . They read as follows:

53(1) Subject as hereinafter provided, whenever it is necessary so to do for the purpose of installing any system of distribution of energy under this Act, the Board may lay, place or carry on, under or over any land, other than State land, such supply lines and may erect in or upon any land, other than State land, such posts and other apparatus as may be necessary or proper for the purposes of the Board installation, and may take such other action as may be necessary to render the installation safe and efficient, paying full compensation in accordance with section 58 to all persons interested for any disturbance, damage or disability that may be caused thereby; the compensation may include an annual payment for land used for the purpose of the posts or other apparatus.

(2)Before entering on any land for the purposes specified in subsection (1), the Board shall give notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. The notice shall be substantially in the form set out in the Fourth Schedule, and shall specify a date upon which the Collector of Land Revenue will enquire into any objections that have been made as hereinafter provided.

(3)The aforesaid notice shall be given -

(a) in the case of alienated land, to the registered owner or occupier;

(b) in the case of reserved land, to the officer or other person in charge of the reserved land or, in default of any such officer or person, to the Collector of Land Revenue,

and may be sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given or served by the Collector of Land Revenue at the expense of the Board, either in the manner hereinbefore provided or in t