THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 4 ORS
Case at a glance
Provisions considered
- Electricity Act, 2003 s. 164
- Indian Telegraph Act, 1885 ss. 10, 16, 16(3)
Key paragraphs
- Para 77. With above observations and directions, the present writ petition stands disposed of. Comparing Assistant Page No.# 4/4 JUDGE
Judgment
Advocate for the Petitioner : MR. M AHMED, MR. M HOSSAIN,MD. S Z B AKLAS Advocate for the Respondent : GA, ASSAM, SC, AEGCL BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date : 22.01.2025 ORDER Heard Mr. S. A. Ahmed, the learned counsel appearing on behalf of the petitioners. Also heard Ms. K. Phukan, learned Standing counsel appearing for the respondent no. 2 & 3 and Mr. S. R. Baruah, learned Government Advocate Page No.# 3/4 appearing for the respondent nos. 4 & 5.
The petitioners, herein, are aggrieved by the non-payment of the Zirat as well as also for the adequate compensation in respect to the right of the use of the land which was acquired by the respondent authorities.
Ms. Phukan, learned counsel for the respondent nos. 2 & 3 has submitted that the compensation due to the petitioners was assessed and the amounts were released to the petitioners. However, the said submission is disputed by the learned counsel for the petitioner.
It is the contention of the petitioners that fair compensation as due to them in the matter has not been assessed and paid by the respondent authorities.
This Court duly takes note of that by virtue of Section 164 of the Electricity Act, 2003; the provisions of the Indian Telegraph Act, 1885 have been made applicable in the matter of construction of overhead line by the licensee. Section 10 of the Indian Telegraph Act, 1885 deals with the powers of the authority to place and maintain telegraph lines and posts. Section 16(3) of the Indian Telegraph Act, 1885 provides that in case of any dispute as regards the sufficiency of the compensation, an application may be made before the District Judge within whose jurisdiction the property is situated.
Taking into account that the petitioners herein are aggrieved on account of insufficiency of the compensation or no payment of compensation, the petitioners herein would be well advised to approach the learned District Judge, Bongaigaon in terms with Section 16 of the Indian Telegraph Act, 1885. In the circumstance, the said application is filed by the petitioners within a period of 30 days from today, the learned District Judge; Bongaigaon shall proceed with the adjudication of the said proceedings in accordance with the applicable provisions of law.
With above observations and directions, the present writ petition stands disposed of. Comparing Assistant Page No.# 4/4 JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Electricity Act, 2003 — s. 164; Indian Telegraph Act, 1885 — ss. 10, 16, 16(3).
Which court decided this case, and when?
Gauhati High Court, on 22 Jan 2025. The bench was N UNNI KRISHNAN NAIR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.