Removal or alteration of telegraph line or post on property other than that of a local authority
Section 17 of the Indian Telegraph Act, 1885 deals with removal or alteration of telegraph line or post on property other than that of a local authority. When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to The Act came into force on 01 Oct 1885.
(1) When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telegraph authority to remove or alter the line or post accordingly:
Provided that, if compensation has been paid under section 10, clause (d), he shall, when making the requisition, tender to the telegraph authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever may be the smaller sum.
(2) If the telegraph authority omits to comply with the requisition, the person making it may apply to the District Magistrate within whose jurisdiction the property is situate to order the removal or alteration.
(3) A District Magistrate receiving an application under sub-section (2) may, in his discretion, reject the same or make an order, absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level or for the alteration of its form; and the order so made shall be final.
Section 17, 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.
This section refers to
Referred to by 1
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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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: Permits alteration of telegraph lines after erection; District Magistrate invoked this section to direct realignment; Supreme Court upheld this interpretation as distinguishable from Section 16
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 17
What have the courts held on Section 17 of the Indian Telegraph Act?
M. D. , M/s. Ramakrishna Poultry P. LTD vs R. Chellappan (08 May 2009) is the leading judgment on this section among those set out below: Permits alteration of telegraph lines after erection; District Magistrate invoked this section to direct realignment; Supreme Court upheld this interpretation as distinguishable from Section 16.
How do I find court cases under Section 17 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 17, section 17 Indian Telegraph Act 1885, section 17 of the Indian Telegraph Act. People searching for it also type section 17 of indian telegraph act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with M. D. , M/s. Ramakrishna Poultry P. LTD vs R. Chellappan (08 May 2009).
What should I read with Section 17 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), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 17 of the Indian Telegraph Act come into force?
Section 17 of the Indian Telegraph Act, cited as Indian Telegraph Act 1885 17, 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 16 Oct 2026. This page is not a substitute for legal advice.