Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority
Section 16 of the Indian Telegraph Act, 1885 deals with exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority. 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. The Act came into force on 01 Oct 1885.
(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 that 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 arc entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient or, where all the 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 the 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.
Section 16, 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.
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 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: District Magistrate may order Telegraph Authority to exercise powers if resisted; District Judge has jurisdiction to determine compensation disputes; Court held this provision applies to electricity transmission lines and compensation must be determined by District Judge, not District Collector
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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: Provides procedure for disputes concerning compensation sufficiency; establishes District Judge's jurisdiction to determine compensation disputes; makes determination final subject to suit for recovery
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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: Grants District Magistrate administrative authority over telegraph lines; Division Bench held this section did not permit realignment; Supreme Court distinguished this from Section 17
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.
Questions about Section 16
What have the courts held on Section 16 of the Indian Telegraph Act?
Power Grid Corpn. of India vs Century Textiles&inds. LTD & ORS (14 Dec 2016) is the leading judgment on this section among those set out below: District Magistrate may order Telegraph Authority to exercise powers if resisted; District Judge has jurisdiction to determine compensation disputes; Court held this provision applies to electricity transmission lines and compensation must be determined by District Judge, not District Collector. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2007 to 2016.
How do I find court cases under Section 16 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 16, section 16 Indian Telegraph Act 1885, section 16 of the Indian Telegraph Act. People searching for it also type indian telegraph act 16 3 and indian telegraph act 1885 section 16 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Power Grid Corpn. of India vs Century Textiles&inds. LTD & ORS (14 Dec 2016).
What should I read with Section 16 of the Indian Telegraph Act, and has it changed?
Its own text turns on section 10 (Power for telegraph authority to place and maintain telegraph lines and posts), Indian Penal Code 188 (Disobedience to order duly promulgated by public servant), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 16 of the Indian Telegraph Act come into force?
Section 16 of the Indian Telegraph Act, cited as Indian Telegraph Act 1885 16, 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
- 3. Definitions316 words
- 5. Power for Government to take possession of licensed telegraphs and to order interception of messages296 words
- 17. Removal or alteration of telegraph line or post on property other than that of a local authority255 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 14 Oct 2026. This page is not a substitute for legal advice.