Examining the Rules of Removing Trespass from water and Electricity Installation

Considering the article 9 of the “Removing Trespass from water and Electricity Installation” Act (1980), there has been the doubt whether relevant organization can still resort to the judicial courts for receiving the judgment on removing the trespass. The general board of Iranian Supreme Court ruled, according to the precedent-unifying Opinion no 30/60 (1981), that the water and electricity organizations have the right of bringing an action against the trespasser before judicial courts. The opinion has raised many issues. The article examines the various aspects of the matter especially through the following question: How will the removal of the direct trespasser be? Does the responsibility of taking preventive measures for preventing losses resulting from it rest upon the one removes the trespass?