JUDGMENT Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri J. Nagar, Senior Advocate, assisted by Sri Pratik J. Nagar, for the petitioner and Sri Sheshadri Trivedi, for the respondents. 2. This petition has been filed for setting aside the orders of Civil Judge (S.D.) dated 10.4.2015, 19.5.2015, 3.8.2015, 9.9.2015, 7.10.2015, 28.10.2015 and 10.11.2015 restraining the petitioner from erecting poles of high tension line and laying electricity wires in it, in or through plot 161 (area 1.8700 hectare) of village Jindpur, pargana Ayahshah, district Fatehpur, in O.S. No. 164 of 2015, Brijraj Singh and others v. Power Grid Corporation of India Ltd. and extending it, time to time. 3. Brijraj Singh and others (respondents-2 to 5) filed a suit (registered as O.S. No. 164 of 2015) for permanent injunction, restraining the petitioner, its servants or agents, from erecting poles and laying electricity wires in it, in or through plot 161 (area 1.8700 hectare) of village Jindpur, pargana Ayahshah, district Fatehpur, without acquiring land in dispute, in accordance with law. The petitioner took plea that disputed land was their bhumidhari holding, in which they had sown wheat crop. The disputed land situate by the side of Banda-Sagar, High Way and very valuable land. The defendants have not acquired the land in dispute, in accordance with law. The defendants got surveyed the disputed land for erection of electricity poles of high tension line and laying electricity wires of 4,00,000 volts through disputed land. On 8.4.2015, the servants and agents of the defendant has also marked various places in disputed plot for erection of electricity poles. For which they had no right. Alongwith the plaint, an application for interim injunction has also been filed. 4. Civil Judge (Senior Division), by order dated 10.4.2015, issued notice in the application for interim injunction, fixing 12.5.2015 and restrained the petitioner from erecting poles and laying electricity wires in it, in or through the disputed plots, without its acquisition in accordance with law. The petitioner contested the suit and filed its written statement in suit, objection and counter-affidavit in application for interim injunction on 9.9.2015. The petitioner stated that it is a public limited company, incorporated under the Companies Act, 1956. The petitioner contested the suit and filed its written statement in suit, objection and counter-affidavit in application for interim injunction on 9.9.2015. The petitioner stated that it is a public limited company, incorporated under the Companies Act, 1956. Under notification No. 1148 issued by Government of India, in exercising powers under Section 164 of Electricity Act, 2003, the petitioner is a licensee and authorised for placing of electric lines or electrical plant for the transmission of electricity. Under Government scheme, high voltage electricity transmission line is being erected through the land of the plaintiffs. Under the provisions of Indian Telegraph Act, 1885, the petitioner is not required to acquire the land of the plaintiffs. The plaintiffs are entitled for compensation under Section 10 (d) read with Section 16 of Indian Telegraph Act, 1885. The suit for injunction is not maintainable. Interim injunction dated 10.4.2015 is liable to be vacated. However, in spite of objection of the petitioner, Civil Judge (Senior Division) extended interim order on 19.5.2015, 3.8.2015, 9.9.2015, 7.10.2015, 28.10.2015 and 10.11.2015, due to which, the work of erection of high voltage electricity transmission line has been affected. Hence this petition has been filed. 5. I have considered the arguments of the counsel for the parties and examined the record. Relevant provisions of Electricity Act, 2003 are quoted below : 164. Exercise of powers of Telegraph Authority in certain cases.—The Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this Act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained. 6. Relevant provisions of Indian Telegraph Act, 1885 are quoted below :. 10. 6. Relevant provisions of Indian Telegraph Act, 1885 are quoted below :. 10. Power for telegraph authority to place and maintain telegraph lines and posts.—The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property: Provided that— (a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central Government], or to be so established or maintained; (b) the Central Government] shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and (c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and (d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c); shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers. 16. Exercise of powers conferred by Section 10, and disputes as to compensation, in case of property other than that of a local authority.—(1) If the exercise of the powers mentioned in Section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them. (2) If, after the making of an order under sub-section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal Code (45 of 1860). (3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section 10, clause (d), it shall, on application for the purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him. (3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section 10, clause (d), it shall, on application for the purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him. (4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient or, whose all he disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it. (5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall be final: Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same. 7. Supreme Court in Kerala SEB v. Livisha, (2007) 6 SCC 792 , held that both telegraph lines and electrical lines are required to be drawn over the agricultural lands and/or other properties belonging to third parties. In drawing such lines, the entire land cannot be acquired but the effect thereof would be diminution of value of the property over which such line is drawn. The Telegraph Act, 1885 provides for the manner in which the amount of compensation is to be computed thereof. Section 10 of the Act empowers the authority to place and maintain a telegraph line under, over, along or across, or posts in or upon any immovable property. Section 11 empowers the officers to enter on property in order to repair or remove telegraph lines or posts. Section 12 empowers the authority to grant permission for laying down such lines to a local authority in terms of Clauses (c) and (d) of the proviso to Section 10 of the Act subject to reasonable conditions as it may think fit. Section 12 empowers the authority to grant permission for laying down such lines to a local authority in terms of Clauses (c) and (d) of the proviso to Section 10 of the Act subject to reasonable conditions as it may think fit. The situs of the land, the distance between the high voltage electricity line laid there over, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small tract of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used. 8. In view of aforesaid discussions, under the law the petitioner is authorised to erect electricity poles lay wires of electricity lines, without acquisition of the land. Remedy of the plaintiffs is to file representation before District Magistrate for award of compensation. The suit for injunction is not maintainable. Interim order granted by Court below is illegal. 9. In the result, the petition succeeds and is allowed. The orders of Civil Judge (S.D.) dated 10.4.2015, 19.5.2015, 3.8.2015, 9.9.2015, 7.10.2015, 28.10.2015 and 10.11.2015 are set aside.