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Arvind Singh @ Arvind Kumar vs Power Grid Corp. & Ors on 22 December, 2009 cites

Smt. Durgesh Nandani vs State Of Bihar And Ors. on 3 December, 1999

"On the last date of hearing learned counsel for the petitioner placed his reliance upon a judgment of this Court in the matter of Durgesh Nandani Vs. State of Bihar & others: 2000(1) All PLR 217 and contended that without the 5 permission of the land owner the respondents would not be entitled to fix the electric poles or take the over head line from the land of the land owner. The respondents submit before the Court that the said judgment in the matter of Durgesh Nandani was on its own facts. In the said matter from the land of the said petitioner the electric line was carried and when she wanted to use the property to its best she made an application to the Electricity Board under Section 17 of Indian Telegraph Act for removal/shifting of the electric poles. The State Electricity Board authorities in the said matter issued a bill to the said person, the said bill was challenged in C.W.J.C. No. 4536 of 1999. After hearing both the parties and taking into consideration the effect and impact of Sections 10 and 17 of Indian Telegraph Act so also of Rule 82 of 1956 Rules made under 1910 Act, in the said matter the High Court observed that if the land owner has not received any compensation/damages then he would not be liable to pay the charges for shifting/removal of the electric line. That judgment is not a authority to say that without the permission of the land owner the poles can not be fixed nor the over head line can be carried. If the powers are conferred upon an authority under the Statute then the statutory authority conferred upon such person is always required to be seen. It is also to be seen that Section 10 confers powers upon the Telegraph authority to carry the lines. Such powers have been conferred upon the authorities so that without facing any problems under the hands of the land owners etc. the lines are laid properly and the public service is done in accordance with law."
Patna High Court Cites 13 - Cited by 4 - A Alam - Full Document
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