Biswajit Saha & Ors vs Union Of India & Ors
2021 Latest Caselaw 3792 Cal

14.07.2021
rc/ct.no.10
Item No.31


                                WPA No. 5538 of 2021
                                 Biswajit Saha & Ors.
                                        Versus
                                Union of India & Ors.

                              (VIA VIDEO CONFERENCE)

                     Mr. Amit Pan
                     Mr. Aryak Dutt                  ...for the petitioners

                     Mr. Piush Chaturvedi
                     Mr. Uttam Kumar Mondal...for the Respondent No. 3

Mr. Sankar Sarkar ...for the UOI

The grievance of the petitioners is directed against

the installation of a transmission pole and a high tension

wire on the land of the petitioners.

The petitioners allege that the respondents cannot

enter into their premises and utilise the same for

installation of a transmission pole nor a high tension wire

or any other apparatus without payment of compensation.

The petitioners assert that the petitioners are

entitled to compensation under the Right to Compensation

Act.

Mr. Chaturvedi, Advocate appearing on behalf of the

respondent no. 3 submits that in terms of the provision of

the Indian Telegraph Act, 1885 (hereinafter referred to as

"the Act") the respondent no. 3 is authorised to install a

transmission pole and a high tension wire and to pay

appropriate compensation to the petitioner. He relies on a

judgment delivered by this Court on 26.10.2017 in MAT

No. 291 of 2017 (The Managing Director, West Bengal State Electricity Transmission Company Limited & Anr.

Vs. Bappaditya Ganguly & Ors.).

In view of the aforesaid and in view of the provisions

contained in the Act, the respondent no. 3 is directed to

assess the compensation payable to the petitioner for

exercising a right of user on the petitioners' land.

Let this matter appear on August 03, 2021.

(Ravi Krishan Kapur,J)