Gauhati High Court
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Page No.# 1/4
GAHC010085722022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3051/2022
RAMESH CH DAS AND 2 ORS.
S/O LT. DHANESWAR DAS, VILL. BISHNUPUR, NADIRPAR GOAN, P.O. AND
P.S. HAJO, DIST. KAMRUP (R) ASSAM
2: DINESH CH. DAS
S/O LT. TITHI RAM DAS
VILL. DHUPARGURI
P.O. AND P.S. HAJO
DIST. KAMRUP (R) ASSAM
3: MONORANJAN THAKURIA
S/O LT. SINDHURAM THAKURIA
VILL. DHUPARGURI
P.O. AND P.S. HAJO
DIST. KAMRUP (R) ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
(ELECTRICITY) DEPTT. DISPUR GUWAHATI-6
2:THE MANAGING DIRECTOR
POWER GRID CORPORATION NORTH EASTERN REGION
POWER SYSTEM IMPROVEMENT PROJECT PUB SURAJ NAGAR NATUN
BAZAR
UDALBAKRA
KAHILIPARA
GUWAHATI-09
3:THE GENERAL MANAGER
POWER GRID CORPORATION NORTH EASTERN REGION POWER SYSTEM
IMPROVEMENT PROJECT AMINGAON
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4:THE MANAGING DIRECTOR
APDCL
BIJULEE BHAWAN
PALTANBAZAR
GUWAHATI-1
5:THE CIRLCE OFFICER
HAJO REVENUE CIRLCE
HAJO
KAMRUP ASSA
Advocate for the Petitioner : MS D D ROY
Advocate for the Respondent : SC, POWER GRID
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
13-05-2022
Heard Ms. D. Das Roy, learned counsel for the petitioners and Mr. R. Talukdar, learned
Government Advocate, Assam for the respondent Nos. 1 and 5. Also heard Mr. A. Das,
learned Standing counsel, Power Grid Corporation for the respondent Nos. 2 and 3 as well as
Mr. S. P. Sarma, learned Standing counsel, APDCL for the respondent No.4.
In order to strengthen the power scenario of the North Eastern States including the
State of Assam, the Government of India with the financial assistance of the World Bank is
implementing the North Eastern Region Power System Improvement Project (NERPSIP) in
Assam which envisages the construction of new power Sub-stations (EHV & DMS)
Transmission & Distribution (T & D) lines (132 KV & 33 KV) and simultaneously
augmentation/expansion of the existing Sub-stations and Transmission (I) Distribution lines
for strengthening of intra-state T&D network of the State.
The State Government in the Power (Electricity Department) vide communication dated
16.03.2016 in exercise of the powers under Section 164 of the Electricity Act, 2003, entrusted
the Assam Power Distribution Company Limited (APDCL) and Assam Electricity Grid Company
Limited (AEGCL) any of the powers which the telegraph authority possesses under the Indian
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Telegraph Act, 1885 with respect to the execution of the North Eastern Region Power System
Improvement Project Transit within the State of Assam with certain conditions.
For implementation of the NERPSIP Project, the respondent APDCL and AEGCL took
steps for installation of 33000 KV lines through Hajo-Kulhati and in that regard, the Circle
Officer, Hajo Revenue Circle, Hajo on 19.07.2021 issued notice to the petitioner Nos. 2 and 3
to appear before the said authority to hear the objections, if any, regarding setting up of
330000 KV Electricity Pole fixing 23.07.2021 at 11:00 am for the said hearing.
The petitioner No.1 also filed an objection before the Circle Officer, Hajo Revenue Circle,
Hajo on 26.04.2022 for fixing up of electricity pole to connect the 33000 KV cables in front of
his house.
Petitioners are aggrieved stating that if such 33000 KV Volt overheard cables allowed to
be laid by the respondent APDCL and AEGCL over their land for the purpose of transmission
with regard to NERPSIP Project, then there is every possibility of danger with regard to the
men and material over their respective land.
Mr. Sarma, learned Standing counsel, APDCL placed the provisions of Rule 61 of the
Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations,
2010 framed under Section 53 of the Indian Electricity Act, 2013 which is in force that relates
to 'Clearances from buildings of lines of voltage exceeding 650 V' including vertical clearance
and horizontal clearance.
Mr. Das, learned counsel appearing for the Power Grid Corporation of India Limited
placed a judgment of the Hon'ble Apex Court in the case of Power Grid Corporation of India
Vs. Century Textiles and Industries Limited and Others reported in (2017) 5 SCC 143.
On the other hand, learned counsel for the petitioners, Ms. D. Das Roy placed the
judgment of the Hon'ble Apex Court in the case of Managing Director, Ramakrishna Poultry
Pvt. Ltd., Vs. R. Chellappan and Others reported in (2009) 16 SCC 743 wherein the Hon'ble
Apex Court while granting full relief to the parties to the said proceeding directed ' the
respondents in the Power Grid Corporation Limited to increase the clearance between the
lowest point of the sag of the transmission cable and the topmost portion of the appellants
poultry sheds of 56 m to keep the clearance not less than 40 ft' considering the safety of the
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poultries of the appellant therein.
Considering the above, on the next date, the respondents in the APDCL; Power Grid
Corporation of India Limited as well as the Circle Officer, Hajo Revenue Circle after making a
joint survey of the land of the petitioners involved in the case with regard to said NERPSIP
Project shall place before the Court about their decision to maintain the minimum clearance
for laying such 33000 KV overhead cables for the purpose of transmission with regard to said
NERPSIP Project over the land of the petitioners involved in that purpose.
List this matter on 03.06.2022.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures
appended thereto to Mr. R. Talukdar, Mr. A. Das and Mr. S. P. Sarma on or before 17.05.2022.
Copies of this order be furnished to Mr. R. Talukdar, learned Government Advocate,
Assam, Mr. A. Das, learned Standing counsel, Power Grid Corporation and Mr. S. P. Sarma,
learned Standing counsel, APDCL for their necessary use.
JUDGE
Comparing Assistant
