Indian Electricity Act, 2003–Sec. 164–Indian Telegraph Act, 1885–Secs. 10 & 16–Notice for providing the consent for construction of tower for transmission line–Under challenge–Plea of petitioner that the respondent is adopting irrational course of action to acquire the subject land and it has no power to do so–Sec. 164 of Electricity Act provides that the Appropriate Government, by an order in writting, can confer upon a licencee, any of the power which the Telegraph Authority possesses under the Telegraph Act with respect to placing a telegraph line–In the instant case, the Appropriate Government has conferred all the powers upon the respondent for laying the overhead line–If any person resists the exercise of powers by a licensee or telegraph authority or does not give all facility for the exercise of such powers, he shall be deemed to have committed an offence u/s. 188 of IPC–There is no such obligation on a licensee to first obtain the permission of the District Magistrate, in case of any resistence or obstruction by the owner or occupier of the property–Petitioner failed to present the representation within two months from the date of publication–Prayer of petitioner is devoid of merits.
