Ganpat Sonu Pagde v. The State Of Maharashtra Through The Designated Officer And ORS.

6 wp 8542 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8542 OF 2018 Ganpat Sonu Pagde ...

Petitioner versus The State of Maharashtra and Ors.

...

Respondents Mr. S.M.Gorwadkar, Senior Advocate with Mr. Ravi Shinde, Mr. Gaurav Gangal I/by Mr. Niranjan Mogre, for Petitioner.

Ms. Neha Bhide, 'B' Panel Counsel for Respondent Nos.1 and 2. Mr. Kiran Gandhi I/by Little and Co., for Respondent No.2. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 24 th JULY, 2019 P.C.:

1.

The Petitioner is objecting to the erection and installation of high tension electrical lines passing through the Petitioner's village and nereby area. He has raised multiple objections before the Magistrate in terms of Section 17 of the Indian Telegraph Act, 1885 ("the Act" for short). Counsel for the Petitioner drew out attention to one such representation dated 24th April, 2018. It is undisputed that such representation is still pending.

2.

We notice that under Section 17 of the Act, a provision is made for considering the objections of the private property owners where the telegraph line is likely to pass through such properties. Under sub-Section 3 of Section 17 of the Act, the District Magistrate receiving application under Section 2, would consider it and SSP 1/2

6 wp 8542 of 2018.doc reject or make an order subject to conditions for removal of telegraphic line or post to any other part of the property as may be found necessary. In view of the fact the Petitioner's objections are still pending before the District Magistrate, we request the District Magistrate to dispose of the same in accordance with law and within one month from the date of the service of the order. This order may be served on the District Magistrate by the Petitioner.

3.

The Writ Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2