Power for telegraph authority to place and maintain telegraph lines and posts
Section 10 of the Indian Telegraph Act, 1885 deals with 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 exorcise the powers conferred by this section except for the purposes of a telegraph e The Act came into force on 01 Oct 1885.
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 exorcise the powers conferred by this section except for the purposes of a telegraph establish Ector maintained by the 1[Central Government], or to be so established or maintained;
(b) the 1[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;
(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.
Section 10, The Indian Telegraph Act, 1885 (Act 13 of 1885).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 4
- s. 12 Power for local authority to give permission under section 10, clause (c), subject to conditions
- s. 15 Disputes between telegraph authority and local authority
- s. 16 Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority
- s. 17 Removal or alteration of telegraph line or post on property other than that of a local authority
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Power Grid Corp. of India Ltd. vs Ram Naresh Singh
Court's Decision & Legal Precedent
The Court held that a transmission utility on whom the powers of the telegraph authority have been conferred by the Central Government notification under Section 164 of the Electricity Act, 2003 may lay its overhead transmission lines across private land without the prior consent of the owner, the landowner's remedy being compensation determined by the District Judge under Section 16 of the Indian Telegraph Act, 1885, and the public interest in national transmission infrastructure prevailing over the private property claim.
On this section: Construes the Section 10 power to place and maintain lines and posts in or upon any immovable property as exercisable against an unwilling owner, limited only by the proviso's damage-minimisation and compensation obligations.
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Kerala State Electricity Board vs Livisha
Court's Decision & Legal Precedent
Compensation for trees cut by electricity authorities under Section 10, Part III of the Indian Telegraph Act, 1885 cannot be determined by applying a fixed formula. Each case must be assessed on its individual merits, considering factors such as the situs of land, distance between the high voltage line and property, extent of line on property, whether the line passes over a small track or middle of land, value of land, owner's substantive right to use property, and for fruit-bearing trees, the yield basis. The real rate of interest (5%) is more appropriate than the prevalent bank rate (10%), and inflation is a relevant consideration factor. However, the 5% rate should not be treated as a fixed rule for all periods, and different rates may apply in different periods with relevant data. Each case requires individual merit-based assessment without applying hard and fast rules.
On this section: Primary statutory provision governing compensation for trees cut for telegraph/electricity lines; provides framework for determining compensation amount
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Power Grid Corpn. of India vs Century Textiles&inds. LTD & ORS
Court's Decision & Legal Precedent
A Central Transmission Utility, upon being conferred the powers of Telegraph Authority under Section 164 of the Electricity Act, 2003, has the legal authority to lay high-voltage electricity transmission lines across privately leased land without the consent of the lessee, as the Indian Telegraph Act, 1885 prioritizes unobstructed access for telegraph and electricity transmission lines in the larger public interest. The requirement of prior consent under Rule 3 of the Works of Licensees Rules, 2006 does not apply to such utilities. Compensation for any damage caused by the exercise of these powers is determined by the District Judge under Section 16 of the Indian Telegraph Act, 1885, not by administrative authorities. The action of the utility is not arbitrary merely because the cost of realignment is lower than the financial loss to the private party, as the court must consider the stage of project completion, technical feasibility, and the national importance of the infrastructure project.
On this section: Telegraph Authority may place and maintain telegraph lines under, over, along, or across any immovable property; applied to electricity transmission lines; Court emphasized that Central Government acquires only user rights, not ownership
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Century Textiles & Industries LTD vs Power Grid Corp. of India
Court's Decision & Legal Precedent
Where a 400 KV transmission line is taken across land held under a limestone mining lease, the Electricity Act, 2003 and the Indian Telegraph Act, 1885 must be harmoniously construed: the telegraph-authority power to place the line prevails in the larger public interest, the mining lessee's grievance being met by compensation determined by the District Judge and by the blasting restrictions of Rule 83 of the Indian Electricity Rules, 1956.
On this section: Applies the Section 10 placing power to land already burdened by a mining lease and holds that competing private rights over the immovable property do not defeat the exercise of the power.
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M. D. , M/s. Ramakrishna Poultry P. LTD vs R. Chellappan
Court's Decision & Legal Precedent
When a transmission line project of critical public importance is undertaken through approved routes with proper survey and public consultation, and a private party subsequently establishes a business operation on land within the project area with knowledge of the ongoing project, the District Magistrate possesses authority under Section 17(3) of the Indian Telegraph Act to direct realignment or modification of the transmission line route. However, such authority must be exercised pragmatically, balancing the private party's legitimate business interests against public interest and technical feasibility. Where complete realignment is not technically feasible, the appropriate remedy is to increase the clearance between the transmission line and the private structure to minimize potential harm, while ensuring the private party receives compensation for use of land and any damage caused.
On this section: Provides for compensation to landowners for use of land or damage caused by telegraph lines; applied to determine appellant's entitlement to compensation for transmission line easement
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Elupuru Mahesh vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
Erection of high-tension towers over agricultural land under the right of way conferred by Section 10(b) does not require the landowner's prior consent, but the landowner must be heard and is entitled to compensation for the user right taken, Article 300-A being satisfied by that statutory compensation mechanism rather than by a veto over the project.
On this section: Reads Section 10(b) as the source of the right of way over private agricultural land and fixes the landowner's entitlement to a hearing and to compensation as the counterweight to it.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Under Section 10(b), the Central Government is empowered to lay down telegraph lines through the property of a person and while doing so, it does not acquire any right other than that of a user in the property. In terms of Section 10(d) of the Indian Telegraph Act, the telegraph authority is also obliged to ensure that it causes as little damage as possible, and further, it is obliged to pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of the statutory powers. In the instant case, the 1st …
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… By virtue of provisions contained in the Electricity Act and in the Notification issued thereunder, the competent authorities of the Electricity Board is conferred with the powers provided under Section 10 of the Indian Telegraph Act. The jurisdiction vested on the District Magistrate under Section 16(1) of the Indian Telegraph Act is to decide whether the telegraph authority shall be permitted to exercise the powers under Section 10 of the Act, if such exercise is resisted or obstructed in any manner. Now the …
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… damage as possible, when it exercises the power in respect of any property other than property under the control of management of a local authority, and shall pay full compensation to all persons interested for any damage sustained by them by reason of exercise of those powers. It is apparent from a reading of Section 10 of the Indian Telegraph Act, therefore, that the power to be exercised thereunder is to be in the interests of the general public, and when so exercised, the restrictions that are imposed on the property owners cannot be said to be unreasonable. As was noted by a Full Bench of this Court in Bharat Plywood …
Made under this section, and citing it
13 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- The Use of Very Low Power Radio Frequency Devices or Equipments for Inductive Applications (Exemption from Licensing Requirement) Amendment Rules, 2018.Rule 2018
- The Use of Wireless Access System including Radio Local Area Network in 5 GHz Band (Exemption from Licensing Requirement) Rules, 2018Rule 2018
- The use of low power and very low power Short Range Radio Frequency Devices (Exemption from Licensing Requirement) Rules, 2018Rule 2018
- The use of very low power Ultra-wideband devices (Exemption from Licensing Requirement) Rules, 2018Rule 2018
- Indian Telegraph Right of Way Rules, 2016Rule 2016
- The Indian Telegraph Right of Way Rules, 2016Rule 2016
- The use of very low power Radio Frequency devices or equipments including the Radio Frequency Identification Devices, (Exemption from Licensing Requirement) Rules, 2014Rule 2014
- The Use of Very Low Power Radio Frequency Devices for indoor Applications in the 13.553 - 13.567 MHz frequency range (Exemption from Licensing Requirements) Rules, 2010Rule 2010
- The use of low power equipment in the frequency band 865-867 MHz for (RFID) Radio Frequency Identification Devices (Exemption from Licensing Requirement) Amendment Rules, 2006Rule 2007
- The use of very low power equipment in the Citizen Band 26.957- 27.283 MHz ( Exemption from Licensing Requirements) Amendment Rules, 2006Rule 2007
- The use of low power Equipment in the frequency band 2.4 GHz to 2.4835 GHz (Exemption from Licensing Requirement) Rules, 2005Rule 2005
- The Radio, Television and Video Cassette Recorder Sets (Exemption from Licensing Requirements), Amendment Rules, 2001Rule 2001
- The Radio, Television and Video Cassette Recorder Sets (Exemption from Licensing Requirement), Rules, 1997Rule 1997
Questions about Section 10
What have the courts held on Section 10 of the Indian Telegraph Act?
Power Grid Corp. of India Ltd. vs Ram Naresh Singh is the leading judgment on this section among those set out below: Construes the Section 10 power to place and maintain lines and posts in or upon any immovable property as exercisable against an unwilling owner, limited only by the proviso's damage-minimisation and compensation obligations. Another 5 judgments on this section are set out below, 5 of them from the Supreme Court. They run from 2007 to 2024.
How do I find court cases under Section 10 of the Indian Telegraph Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Telegraph Act 1885 10, section 10 Indian Telegraph Act 1885, section 10 of the Indian Telegraph Act. People searching for it also type indian telegraph act 1885 section 10. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Power Grid Corp. of India Ltd. vs Ram Naresh Singh.
What should I read with Section 10 of the Indian Telegraph Act, and has it changed?
4 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 13: most recently The Use of Very Low Power Radio Frequency Devices or Equipments for Inductive Applications (Exemption from Licensing Requirement) Amendment Rules, 2018. (2018), then The Use of Wireless Access System including Radio Local Area Network in 5 GHz Band (Exemption from Licensing Requirement) Rules, 2018 (2018), and 11 more.
When did Section 10 of the Indian Telegraph Act come into force?
Section 10 of the Indian Telegraph Act, cited as Indian Telegraph Act 1885 10, came into force on 01 Oct 1885, having been enacted on 22 Jul 1885. It is in force as at the date shown on this page.
Other sections of this Act
- 7. Power to make rules for the conduct of telegraphs901 words
- 4. Exclusive privilege in respect of telegraphs, and power to grant licenses597 words
- 19A. Person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice325 words
- 16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority325 words
- 3. Definitions316 words
- 5. Power for Government to take possession of licensed telegraphs and to order interception of messages296 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.