AIR 1972 KERALA 47 ::1970 Ker LT 872 ::1970 Ker LJ 941 ::ILR (1971) 1 Ker 1

Kerala High Court

Hon'ble Judge(s): P. T. Raman Nair , C.J. AND P. Govindan Nair, K. K. Mathew , JJ

(A) Electricity Act (9 of 1910) , S.51— Validity - S.51 read with S.10 Telegraph Act is not discriminatory. Electricity Act (9 of 1910) , S.12— Telegraph Act (13 of 1885) , S.10— Constitution of India , Art.14— (Para 16) The Public officer on whom powers of a telegraph authority under Sec.10 of the Telegraph Act have been conferred under Sec.51 of the Electricity Act can only exercise the powers under the Telegraph Act and has no power to acquire land under the Land Acquisition Act. The power to acquire under the Land Acquisition Act can only be exercised by the State Government or the Collector as the case may be. The fact that an authority on whom powers under section 10 of the Telegraph Act have been conferred may have certain rights and that certain other authorities may take steps for acquisition of land for public purposes under the Land Acquisition Act cannot be the criterion for deciding whether the statutory provision in Section 51 of the Electricity Act, or that in Section 10 of the Telegraph Act is discriminatory. AIR 1969 SC 634 Foll.(Para 14 15) A licensee authorised under Sec.51, Electricity Act has no choice to exercise powers under Section 12 of the Electricity Act or under Section 10, Telegraph Act since power under Section 1....