#Indian Telegraph Act

Karnataka High Court rules that obstructing the sole access to private property via a transmission tower violates the 'least damage principle' under Section 10(d) of the Indian Telegraph Act. Authorities must provide concrete, enforceable access solutions, not mere assurances, ensuring property rights are preserved without rendering the property inaccessible.

The Rajasthan High Court has ordered Power Grid Corporation to deposit ₹1.22 crore as provisional compensation for right-of-way acquisition over private land, while preserving the landowner’s right to seek full fair market value under the Indian Telegraph Act, 1885. This sets a critical precedent for infrastructure projects: provisional payments cannot substitute the statutory right to just compensation, ensuring landowners are not left financially stranded during prolonged valuation disputes.

Bombay High Court vacates interim stay on transmission tower erection, holding that minor procedural lapses-such as omission of survey numbers in planning documents-cannot stall critical infrastructure projects. The ruling reinforces that technical feasibility and public interest outweigh hyper-technical procedural defects under the Indian Telegraph Act.

The Himachal Pradesh High Court ruled that accepting partial compensation under protest does not waive the right to claim full compensation under Section 16(3) of the Indian Telegraph Act. The court upheld an award of Rs. 2,66,906 with 9% interest, emphasizing that factual findings by lower courts are binding unless perverse or jurisdictionally flawed. This sets a precedent for landowners seeking full compensation for damage to trees and crops due to telecom infrastructure.

Gauhati High Court holds that limitation goes to the root of jurisdiction; failure to frame issue despite specific plea renders award void. Key precedent from Noharlal Verma applied.