JUDGMENT

(oral)

Gopal Sri Ram JCA (delivering the judgment of the court):

The appellant, Tenaga Nasional Bhd, is a public company limited by shares. Its principal business is to generate and supply electricity to the far-flung reaches of Semenanjung Malaysia. To effect this supply there needs to be a national grid. One is already in existence. The appellant intended to construct a 2nd grid. It is common knowledge that such a grid became necessary in view of the increase in demand for electricity especially along the West Coast of Semenanjung Malaysia.

In order to construct the grid, the appellant has to put up pylons carrying high tension wires to be used to convey electrical power. For that purpose the appellant issued a notice under s. 11 of the Electricity Supply Act 1990 ('the Act'). It may be added in parenthesis that the appellant is a licensee under the Act and that its relationship with members of the public is subject to control by the authorities referred to in the Act, principally the Director-General and the Minister. The s. 11 notice is dated 23 December 2000. It is addressed to the respondent. Under s. 11, once a notice of the sort we have just referred to is served o