Section 17 in The Jammu and Kashmir Electricity Act, 1997 (1940 A.D.)
17. Aerial lines.
(1)Save as provided in section 12, sub-section (3), nothing in the Part shall be deemed to authorise or empower a licensee to place any aerial line along or across any street, railway, tramway, canal or waterway unless and until the Government has communicated to him a general approval in writing of the methods of construction which he proposes to adopt:Provided that the communication of such approval shall in no way relieve the licensee of his obligations with respect to any other consent required by or under this Act.(2)Where any aerial line has been placed or maintained by a licensee in breach of the provisions of sub-section (1), the Government may require the licensee forthwith to remove the same, or may cause the same to be removed, and recover from the licensee the expenses incurred in such removal.(3)Where any tree standing or lying near an aerial line, or where any structure or other object which has been placed or has fallen near an aerial line subsequently to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of energy, or the accessibility of any work, a Magistrate of the first class may, on the application of the licensee, and after affording such opportunity for objections as may be brought forward, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit.(4)When disposing of an application under sub-section (3), the Magistrate shall, in the case of any tree in existence before the placing of the aerial line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee.Explanation : - For the purposes of this section, the expression "tree" shall be deemed to include any shrub, hedge, jungle-growth or other plant.
