THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE UNION OF INDIA AND 6 ORS
Case at a glance
- Bench
- KAUSHIK GOSWAMI
Provisions considered
- Constitution of India art. 226
- Indian Telegraph Act, 1885 s. 16
Judgment
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
15.07.2024 ORDER
Heard Mr. S. Dey, learned counsel for the petitioners. Also heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. M. Sahewalla, learned counsel for the respondent no.6 & 7, Ms. N. Bordoloi, learned counsel for the respondent no.2 and Mr. S.R. Barua, learned counsel for the respondent nos.3, 4 & 5. Page No.# 3/4
By filing this petition under Article 226 of the Constitution of India, the petitioners are seeking a direction from the respondents to assess the damage occurred to the lands of the petitioners’, while constructing the 220 KV Ranganadi-Biswanath High Voltage Transmission Line and to pay compensation thereof in accordance with the applicable Guidelines of the Ministry of Power.
The specific case of the petitioners is that the petitioners lands have been affected while the Power Grid Corporation has erected and acquired their lands in concerned with the project for construction of High Voltage Transmission Tower and 1200 KV High Voltage evacuation line overhead.
The grievance of the petitioners is that despite their lands having been affected, no compensation has been paid till date.
Accordingly, a representation was filed on 27.04.2023 before the Deputy Commissioner, Biswanath District, Assam.
It is submitted at the bar that this writ petition can be disposed of with a direction to the Deputy Commissioner, Biswanath District, Assam (respondent no.3) to dispose of the said representation, in terms of Section 16 of the Indian Telegraph Act, 1885 (hereinafter referred to as the “Act of 1885”).
In view of the aforesaid endorsement made by the learned counsels for the parties, this Court deems it appropriate to dispose of the writ petition by directing the respondent no.3 to dispose of the representation dated 27.04.2023 filed by the petitioners (Annexure-3 to the writ petition), in terms of Section 16 of the Act of 1885 and also the Circular dated 10.03.2017 issued by the Government of Assam (Annexure-III). Page No.# 4/4
It is needless to clarify that the aforesaid exercise shall be completed within a period of 2 (two) months from the date of receipt of a certified copy of this order.
The writ petition is accordingly disposed of. Comparing Assistant JUDGE
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.