THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE POWER GRID CORPORATION OF INDIA LTD and 4 ORS. A GOVT

Advocate for the Petitioner : MR.A BORA, MR.A GANGULY,MR.N ZAMAN Advocate for the Respondent : MR.M Z AHMEDR- 1and2, MR.S K MEDHI(SC, PGCI),MR.A DAS(SC, PGCI),MR.A M DUTTA(R- 1&2),GA, ASSAM,MR.S K SHARMA(R- 1&2),MR.B DUTTA(R- 1&2),SC, BTC BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date : 29.01.2025 ORDER Heard Mr. A. Ganguly, learned counsel for the petitioners. Also heard Mr. M. Z. Ahmed, learned Senior Counsel assisted by Mr. A. M. Dutta, learned counsel appearing for the respondent nos. 1 & 2 and Ms. U. Das, learned Addl. Senior Page No.# 2/3 Government Advocate appearing for the respondent no. 3; as well as Ms. R. B. Bora, learned Standing Counsel appearing for the respondent nos. 4 & 5.

#2. The petitioners, in the present proceeding, has raised a grievance with regard to the inadequate compensation so paid to them on account of laying of High Voltage Transmission Lines and construction of Towers over their land.

#3. It is the contention of the petitioner that the respondent authorities by making an assessment up to 30 meters, had paid certain amounts to some of the petitioners however, the said amounts is inadequate and the assessment made, is in violation of the guidelines existing in the matter.

#4. The learned counsel for the respondents have submitted that the compensation due to the petitioners on being assessed, the amounts so computed were released to the petitioners. However, the said contention is disputed by the learned counsel for the petitioners, who submits that fair compensation as due to them in the matter has not been assessed and paid by the respondent authorities.

#5. 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.

#6. 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 Court of the jurisdictional District Judge, in terms with Section 16 of the Indian Telegraph Act, 1885. In the Page No.# 3/3 circumstance, the said application is filed by the petitioners within a period of 30 days from today, the jurisdictional District Judge, shall proceed with the adjudication of the said proceedings in accordance with the applicable provisions of law.

#7. With above observations and directions, the present writ petition stands disposed of. . Comparing Assistant JUDGE