DM Not Required To Decide Representations Of Persons Affected By Transmission Line Unless Telegraph Authority Refers It: Allahabad High Court

The Allahabad High Court has held that under the Indian Telegraph Act the District Magistrate is only required to decide matters which have been referred to it by the Telegraph Authority.

It held that District Magistrate is not required to pass orders on representations in every case where persons are affected by a transmission line.

The bench of Justice Shekhar B. Saraf and Dr. Justice Yogendra Kumar Srivastava in its order said,

“we hold that the District Magistrate is not required to pass an order under Section 16(1) of the Act in every case where a person, on whose property the transmission line is being laid, raises an objection or files a representation before the District Magistrate. We are of the view that the District Magistrate is only required to pass an order under Section 16(1) when the Telegraph Authority refers a particular matter to the District Magistrate for passing an order therein.”

Petitioner approached the High Court seeking a writ of mandamus against the District Magistrate, Aligarh directing him to decide the representation of the petitioner against installation of tower for high tension wires on the land owned by the him. Counsel for petitioner argued that the DM was required to pass orders on the representation of the petitioner under Section 16(1).

Reliance was placed on Jagir Lal and Another v. State of U.P. and Others, where a coordinate bench of the Allahabad High Court had held that there was no requirement on the Telegraph Authority to seek permission from the land owner before laying down transmission lines as they had a remedy under Section 16(1) of the Act. It was further held that

“the District Magistrate can exercise that power either suo moto or on a request made by either the Telegraph Authority or by the owner of the land. There is no dispute that whenever telegraph line is laid down on a property of a person, he is entitled to claim compensation from the authority and in the event he is not satisfied with the amount of compensation, he is entitled to make an application to the District Judge as per Section 16 (3) of the Telegraph Act.”

In Arun Kumar v. State of U.P. and Others, another division bench of the Allahabad High Court followed the judgment in Jagir Lal.

Per contra, counsel for Power Grid Authority argued that it is only when the matter is referred by the Telegraph Authority, the District Magistrate can pass orders. Reliance was placed on Power Grid Corporation of India Limited v. Century Textiles and Industries Limited and others, where the Supreme Court held that there was no impediment in laying down of telegraph lines under the Act and the same was applicable to electricity transmission lines laid down by the Power Grid Corporation. It held that the powers vested in the Telegraph Authority in Section 10, 15 and 16 are vested and enjoyed by the Power Grid Corporation.

The bench headed by Justice Saraf observed that the Supreme Court in the aforesaid judgment held that for larger public interest there cannot be any impediment in laying down telegraph/ electricity transmission lines. It held that the powers granted to the Telegraph Authority under Sections 10, 15 and 16 are not create hinderance in laying down of transmission lines to defeat the purpose of the Act.

The Court held that the judgment of the High Court in Jagir Lal had been impliedly overruled by the Supreme Court in Power Grid Corporation of India Limited v. Century Textiles and Industries Limited and others and the judgment in Arun Kumar did not lay down any specific law mandating the DM to hear each and every representation made before it. Accordingly, both judgments were held to be inapplicable in case of the petitioner.

Disposing of the writ petition, the Court directed the Telegraph Authority to act according to its law and exercise its discretion in referring the case to the District Magistrate.

Case Title: Antram Goyal v. Power Grid Neemrana Bareilly Transmission Limited And Others [WRIT-C NO. 12360 of 2025]

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