HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.19616 of 2007 Date: November 15, 2011 Between: Mekala Bhaskar, S/o.Sailu @ Sayanna and another … Petitioners And A.P.Transmission Corporation Ltd., rep. by its Managing Director, Vidyut Soudha, Hyderabad and others … Respondents Order: This writ petition is filed seeking mandamus declaring the action of the respondents in laying high tension towers in the land of the petitioner admeasuring Ac.0.29 guntas in Sy.No.692, situated at Peddammagadda, Mulugu Road, Warangal District, without initiating proceedings under the Land Acquisition Act, 1894 (for short ‘the Act’) as illegal and arbitrary. The question whether the land, which is required for the purpose of laying high tension towers and lines, is to be requisitioned under the provisions of the Act, is considered by a learned single Judge of this Court in W.P.No.860 of 2009 vide order dated 26.03.2009. In the said order, while referring to the various provisions of the Electricity Act, 2003 and Indian Telegraph Act, 1885, it is held as under: “For the aforesaid reasons, I am of the opinion that Section 164 of the Electricity Act, 2003 read with Section 10 of the Indian Telegraph Act, 1885 recognized the absolute power of the A.P. Transco to proceed with placing of electric supply lines or electric posts for the transmission of electricity on or over the private lands subject to the right of the owner/occupier to claim compensation if any damage is sustained by him by reason of placing of such electric supply lines. In other words, neither the acquisition of the lands is necessary nor there is any need for consent of the owner or occupier. It is also relevant to note that since Sections 28 or 42 of the Electricity (Supply) Act, 1948 are not saved under Section 185 of the Electricity Act, 2003, there is no need to publish a sanctioned scheme nor it is necessary to give any notice by publication in local news papers as required under Section 29 (2) of the Electricity (Supply) Act, 1948. In spite of the same, the notification dated 14.07.2008 was published in the A.P. Gazette as well as two local dailies inviting objections from the interested / aggrieved persons and no objections were received from anyone. In the circumstances, the impugned action of the respondents cannot be held to be arbitrary, illegal or contrary to the provisions of the Electricity Act, 2003 on any ground whatsoever. Hence, no Mandamus can be issued restraining the respondents from proceeding with the erection of poles and transmission lines through the lands of the petitioners. However, this shall not preclude the petitioners to claim the compensation by working out the appropriate remedy as available under law in case any damage is sustained to their property.” The aforesaid order can conveniently be applied to the present case having regard to the facts and circumstances. Therefore, in view of the reasons stated in the aforesaid order, this writ petition is liable to be dismissed. Writ petition is accordingly dismissed. No costs. _____________________ (R.SUBHASH REDDY, J) November 15, 2011 MRR