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Electricity Transmission Lines – Powers to determine compensation for use of  lands – Interplay of Government Resolutions of State Government Vs Telegraph Act, 1885 & Electricity Act, 2003 –

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Judgment dated 7.12.2023 in W.P.No.469 of 2019 of Maharashtra Eastern Grid Power Transmission Company Ltd Vs.  Collector of Buldhana and others.

By the order dated 5.9.2018 and in exercise of powers under the Government Resolution dated 27.1.2017, the Sub-Divisional Officer, Sindhkhedraja, had determined compensation for use of land of respondent no.4 for laying electricity transmission line by the petitioner,

The petitioner is constituted as telegraph authority under Section 2(6) of the Indian Telegram Act, 1885, by the Order dated 13.6.2011 of the State Government and therefore, it is authorised to determine compensation under Section 10(d) of the said Act.

The Maharashtra State Electricity Regulatory Commission had appointed the petitioner as a licensee under Licence NO.1 / 2010 as per the public notice dated 14.10.2010.

It is conferred powers under Section 164 of the Electricity Act, 2003 and Section 10 of the Telegraph Act, 1885 as Telegraph Authority.

As per Rule 3(4) of the Maharashtra Electricity Work Licensee Rules, 2012, an exception has been made that nothing shall affect powers of licensee conferred under Section 164 of the Electricity Act.

HELD that the power to pay compensation under Section 10(d) of the Telegraph Act, 1885, includes the power to determine compensation. Moreover, since the petitioner is a telegraph authority for laying transmission line, section 67 of the Electricity Act, 2003, is not applicable.  Rule 3(4) of the MEWL Rules 2012 preserves rights and powers of licensee under Section 164 of the EA showing that the powers of telegraph authority under Section 10(d) of the TA are preserved.

 

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