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Dilip reddy Reddy   09 June 2021

to remove electric pole from our resindential plot

I own a land of 5 aceres in my village in that i made 30cents of land to resindential plots there was a electric poll and tranform attached to it. we made request complaint to concerned electric department 6months ago to remove the electric poll and tranform because it is at low height which may risk to public and animals.but the AE didn't responded the issue we also showed another land of ours the place the poll with our estimation but the AE didn't adress the issue. 2days ago one of the animal got died due to electric shok. due to the pressure of villages now the AE IS trying to improve the height but he is not shifting the complete poll from our land. without giving information to is they called the JCB and started the work. we interuptted and stopped the work and demanded the department to shift to another place. my doubt what is the process and didn't the department have authority to work in our land without informing us? please someone explain the problem completely


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     09 June 2021

If the electricity department has not obtained the permission of the landlord before installing the electric poles in his land, then the landlord can issue a legal notice to the department concerned to remove the same, failing to comply with the demands made, he can approach the court with a suit for mandatory injunction against the department to remove the polie and the high tension electric wires running above his land which is considered to be precarious to the lives of human beings and the cattles. 

You can also file an application in the same suit seeking temporary injunction restraining the department to not to install any pole or modify the height of the existing pole with an intention to install the same permanently in the land till the disposal of the main suit. 

Sankaranarayanan (Advocate)     10 June 2021

If the land belongs to private by all revenue records then the electrical department need to get their permission and install the pillar. Without prior permission from the land owner    the electricity department installed their pillar on the land   then the owner can issue a notice and file a case against the department to remove the same from the land.


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