WP(C) 1598/2009 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY The petitioner who is the owner of a plot of land measuring 4-katha covered by d ag nos.224 and 220/1160, KP patta no.290(new), village Abhaipur under Shilasunda ri Ghopa mouza, north Guwahati, Kamrup district, Assam, by the present petition is challenging the action on the part of the respondent authorities in towing 33 -kv feeder line over his land just to cater the need of the respondent nos.9 & 1 0 without obtaining any consent from him though required under provisions of Ass am Electricity Regulatory Commission (Electricity Supply Code and Related Matter s) Regulation, 2004. I have heard Dr G Lal, learned counsel for the petitioner and Mr BD Das, learned senior counsel for the respondent nos.1 to 6. Also heard Mrs HM Phukan, learned state counsel appearing for the respondent nos.7,8 & 11. Respondent nos .9 & 10 have not contested the proceeding, despite service of notice. Learned counsel for the petitioner referring to the provisions of the 20 04 Regulation has submitted that before towing 33-kv feeder wire over the land o f the petitioner for catering the need of the respondent nos.9 & 10, consent of land-holder, that is the petitioner, though required, has not been obtained. Acc ording to learned counsel, because of towing the overhead wires over the petitio ner’s land the entire land rendered unusable. Learned counsel therefore submits that the respondent authorities may be directed to remove the said wires. Learned senior counsel for respondent nos.1 to 6 has submitted that it i s evident from the records that though the consent of the petitioner was require d to be obtained under the provisions of 2004 Regulation before towing the dedic ated lines over his land, to cater the need of the respondent nos.9 & 10, such c onsent was not taken. It has also been submitted that prior approval, as require d under the Electricity Act 2003, has also not been obtained before towing high- tension overhead wires over the petitioner’s land. Clause 3.7.1.3 of 2004 Regulation provides that when the consumer’s prem ises has no frontage on a street and the service line from the licensee’s mains has to go upon, over or under the adjoining premises of any other person (whethe r or not the adjoining premises be owned jointly by the consumer and such other person), the consumer shall arrange at his own effort and expense the necessary way-leave, license or sanction. Section 68 of Electricity Act 2003 also requires the appropriate governm ent’s approval for the purpose of installation and keeping an overhead wire abov e the ground. Admittedly, such prior approval from the appropriate government, a s required under section 68 and also the consent of the petitioner as required u nder clause 3.7.1.3 of 2004 Regulation have not been obtained. That being the position, the respondent nos.1 to 6 are directed to remov e the overhead wires towed over the land of the petitioner within six months fro m today. It is open to said respondents to provide electricity connection to the respondent nos.9 & 10 on fulfilling the formalities as required under the 2004 Regulation and the Electricity Act. The writ petition is accordingly allowed as indicated above. No costs.