Azimun Nessa Memorial L.P. School vs The Power Grid Corporation Of ...
2022 Latest Caselaw 4490 Gua

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GAHC010255742014




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                       Case No. : WP(C)/2105/2014

         AZIMUN NESSA MEMORIAL L.P. SCHOOL
         VILL. NISCHINTAPUR PART-II, HAILAKANDI, ASSAM, REPRESENTED BY
         ITS HEADMISTRESS SAIRA BEGAM MAZARBHUYA



         VERSUS

         THE POWER GRID CORPORATION OF INDIA LIMITED and 3 ORS
         A GOVT. OF INDIA ENTERPRISE AND CTU COMPANY, HAVING ITS REGD.
         OFFICE AT B-9, QUTUB INSTITUTIONAL AREA, KATWARIA SARI, NEW
         DELHI-16

         2:THE CHIEF MANAGER
          CONSTRUCTION
          POWER GRID CORPORATION OF INDIA LTD.
         A GOVT. OF INDIA ENTERPRISE AND CTU COMPANY
          HAVING ITS REGD. OFFICE AT B-9
          QUTUB INSTITUTIONAL AREA
          KATWARIA SARI
          NEW DELHI-16

         3:THE STATE OF ASSAM
          REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          LAND AND REVENUE DEPARTMENT
          DISPUR
          GHY-6

         4:THE DY. COMMISSIONER
          HAILAKADNI
          DIST- HAILAKANDI
         ASSA
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Advocate for the Petitioner   : MR.S BORA

Advocate for the Respondent : MR.S DUTTA

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

JUDGMENT AND ORDER (ORAL)

Date : 16-11-2022

Heard Mr. J. Laskar, the learned counsel appearing on behalf of the petitioner and Mr. N. C. Das, the learned Senior counsel assisted by Mr. A. Das, the learned counsel appearing on behalf of the respondent Nos. 1 and 2. I have also heard Mr. A. Bhattacharya, the learned counsel appearing on behalf of the Revenue Department and Mr. D. K. Sharma, the learned counsel appearing on behalf of the respondent No.4.

2. The case of the petitioner herein is that one Md. Selimuddin Laskar donated a plot of land measuring 1 Bigha covered by Dag No.449/149/113 included in periodic Patta No.157 of village Nischintapur Part-II, Hailakandi by executing a gift deed on 19.12.2011 in favour of the Deputy Inspector of School, Hailakandi to establish a school in the name of Azimun Nessa Memorial L.P. School.

3. Pursuant thereto, a school was established with more than 45 students upto Class-IV. Thereupon, the respondent No.1 erected a high voltage transmission line over the school building of 400 KV most illegally and arbitrarily endangering the life of the students, teachers and staffs of the school. It has also been alleged in the writ petition that the respondent Nos. 1 and 2 before Page No.# 3/6

erecting the overhead high transmission line of 400 KV over the school did not issue any notice to the school or even enquired the fact that the high transmission line passing over the school would endanger the school building, life of the students, teachers and staffs of the school.

4. Further to that, it has been alleged that it is the bounden duty of the respondent No.1 i.e. Power Grid Corporation of India Limited to compensate adequately to the school both by providing alternative site for the school as well as adequate compensation to rebuild the school on the alternative site. Under such circumstances, the Headmistress of the school on 24.03.2014 submitted a representation to the respondent No.4 i.e. the Deputy Commissioner, Hailakandi regarding her objection to the erection of power grid line over the school. In spite of the said representation as nothing fruitful happened, the petitioner has approached this Court under Article 226 of the Constitution of India.

5. This Court vide an order dated 11.04.2014 had issued notice making it returnable by 4 (four) weeks. The respondent Nos. 3 and 4 have not filed any affidavit-in-opposition. However, the respondent Nos. 1 and 2 have jointly filed an affidavit-in-opposition on 11.08.2014. In the said affidavit-in-opposition, the said respondents have challenged the locus standi of the petitioner who claims to be a L.P. School to file the writ petition on the ground that the petitioner is not a legal entity to file the writ petition. It was also stated that the writ petition so filed not only amounts to suppression of material facts but is entirely based on a false premise. It has been mentioned that pursuant to the notice received in respect to the case, a preliminary enquiry regarding the authenticity of the claim was made by the respondents as there was great doubt regarding the existence of the school. Accordingly, a field verification was made in the said Page No.# 4/6

area where the petitioner School was stated to be located. On field verification, surprisingly no such school could be found. It was further mentioned that the villagers of the village namely Nischintapur Part-II also could not confirm the existence of such school. Under such circumstances, the respondent No.1 wrote a letter dated 20.06.2014 to the Deputy Inspector of School, Hailakandi requesting to confirm the existence of the school. On the basis of the said communication dated 20.06.2014, the Deputy Inspector of School, Hailakandi had requested the Block Elementary Education Officer, Lala vide instruction dated 20.06.2014 to make an enquiry and to report back. After such enquiry, the Block Elementary Education Officer, Lala vide letter dated 24.06.2014 informed the Deputy Inspector of School, Hailakandi that upon the enquiry, no school in the name of Azimun Nessa Memorial L.P. School existed in the locality. It was also reported that the villagers of the locality confirmed that there was no such school. Consequently, the Deputy Inspector of School, Hailakandi vide a letter dated 24.06.2014 informed the respondent No.1 regarding the verification wherein it was found that no school existed by enclosing the report of the Block Elementary Education Officer, Lala. The correspondences exchanged between the respondent No.1 i.e. the Power Grid Corporation of India Limited with the authorities of the Education Department, State of Assam have been enclosed to the affidavit-in-opposition as Annexure- I, II and III.

6. To the said affidavit in opposition filed, the petitioner filed an affidavit in reply. In the said affidavit in reply, the petitioner denied that any enquiry was conducted and further stated that there was a site inspection report dated 25.09.2014 under the hand and seal of Mr. J. U. Laskar, Block Elementary Education Officer, Lala Block, Hailakandi wherein the Block Elementary Education Officer in his site inspection report dated 25.09.2014 had given a Page No.# 5/6

detailed report of the site inspection of the school along with the number of students, the name of the Headmistress and the name of another teacher of the school. Further to that, the petitioner also mentioned about the District Information System for Education (DISE) for the Academic year 2013-14 of the School with a School Code No.18230308511. Another communication dated 24.09.2013 was also brought on record which was issued by the Mission Director Axom Sarba Siksha Abhiyan Mission wherein the name of the School i.e. Azimun Nessa Memorial L.P. School figured in Serial No.1501. The report dated 25.09.2014 issued by the Block Elementary Education Officer, Lala, the copy of the District Information System for Education (DISE) in respect to the petitioner School and the letter dated 24.09.2013 were enclosed to the said affidavit-in-reply.

7. From the above narrated facts, it therefore transpires that the very existence of the petitioner school have been put to challenge by the respondent authorities in their affidavit in opposition. The perusal of the documents enclosed therein in the affidavit-in-opposition vis-à-vis the affidavit-in-reply discloses contradictory claims being made by the respondent Nos. 1 and 2 on one hand as well the petitioner on the other hand.

8. On a specific query being made to the learned Senior counsel appearing on behalf of the respondent Nos. 1 and 2 as to whether the respondent Nos. 1 and 2 would be liable if the school was in existence. The learned Senior counsel with all fairness submitted that if the school existed and is found upon field verification then some form of compensation has to be paid. However, he submits that the petitioner is not a juristic person and as such the question of payment of compensation to the petitioner does not arise.

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9. After hearing the learned counsel for the parties and taking into account the conflicting claims as regards the existence of the school and also to the fact that the claim of the petitioner to the effect that there were 45 students in the school and the name of the school was duly recorded in the DISE Code and was also duly acknowledged by the Mission Director of Axom Sarba Siksha Abhiyan Mission, this Court deems it proper to direct the Deputy Commissioner, Hailakandi to make an enquiry into the matter as to whether the school namely Azimun Nessa Memorial L.P. School exist in the area where the respondent Nos. 1 and 2 have erected high voltage transmission line of 400 KV. The said exercise be done by the Deputy Commissioner, Hailakandi i.e. the respondent No.4 herein within a period of 60 days from the date of certified copy of this order being served upon the respondent No.4.

10. Upon making the enquiries and verifications, if it is found that Azimun Nessa Memorial L.P. School exists in the area where the respondent Nos.1 and 2 have erected the high voltage transmission line, then the school in question shall be entitled to approach the District Judge, Hailakandi seeking compensation in terms with Section 16 of the Indian Telegraph Act, 1885.

11. With above observations and directions, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant