Summary
An owner obtained an interim injunction against electricity transmission towers on its land. The District Magistrate subsequently permitted the work subject to compensation, towers were already erected, and 80% of the transmission-line work was complete. The Supreme Court lifted the injunction on an additional ad hoc payment of Rs. 20 lakh, leaving substantive disputes and final compensation open.
Issues
- Whether the interim injunction should continue after permission was granted and substantial construction completed.
- How the landowner’s compensation interests should be protected pending final adjudication.
Provisions considered
- Sections 10 and 16, Indian Telegraph Act, 1885The statutory scheme permits user of land with minimum damage and full compensation, provides for the District Magistrate to address obstruction, and assigns compensation disputes to the District Judge. (¶¶ 6, 7, 10)
Held
- The subsisting permission and substantial completion meant that the balance of convenience did not justify continuing the injunction. (¶¶ 6, 9)
- Whether the line served only the appellant remained a trial issue. At the interim stage the utility’s statement that the line could supply other consumers could not be disregarded. (¶ 8)
- The appellant had to pay an additional ad hoc Rs. 20 lakh before work could continue. That payment remained subject to final determination in the suit or statutory compensation proceedings. (¶ 10)
Result
Appeal allowed without costs. The impugned order and injunction were set aside subject to the appellant paying the landowner an additional Rs. 20 lakh. On payment, the utility and its contractors could complete the work. Main issues and final compensation were left open.