Gauhati High Court
Page No.# 1/4 vs The Union Of India And 6 Ors on 14 August, 2024
Page No.# 1/4
GAHC010200592018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6272/2018
PRATIBHA BASUMATARY AND ANR.
W/O- LATE BABU RAM BASUMATARY, R/O- VILL- ADALBARI, P.O-
ADALBARI, P.S- MUSHALPUR, DIST- BAKSA BTAD, ASSAM, PIN- 781372
2: GOPAL BASUMATARY
S/O- LATE PAKHI RAM BASUMATARY
R/O- VILL- ADALBARI
P.O- ADALBARI
P.S- MUSHALPUR
DIST- BAKSA BTAD
ASSA
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, DEPTT OF POWER,
SHRAM SHAKTI BHAWAN, RAFI MARK, NEW DELHI- 110001
2:THE GOVERNMENT OF ASSAM
REP. BY THE ADDL. CHIEF SECRETARY
DEPTT OF FISHERY
DISPUR
GUWAHATI- 06
3:THE MANAGING DIRECTOR
ASSAM ELECTRICITY GRID CORPORATION LIMITED
BIJULI BHAWAN
PALTAN BAZAR
GUWAHATI- 01
4:THE GENERAL MANAGER
NTPC
SALAKATI
P.O- SALAKATI
Page No.# 2/4
DIST- KOKRAJHAR
PIN- 783369
5:THE ASSTT GENERAL MANAGER
132 KV GRID SUB STATION
ASSAM ELECTRICITY GRID CORPORATION LIMITED
CHIRAKUNDI
RANGIA
DIST- KAMRUP
ASSAM
PIN- 781354
6:THE DEPUTY COMMISSIONER
BAKSA
P.O- MUSHALPUR
BTAD
ASSAM
PIN- 781343
7:THE FISHERY EXTENSION OFFICER
BAKSA DEVELOPMENT BLOCK
P.O- MUSHALPUR
DIST- BAKSA
BTAD
ASSAM
PIN- 781344
8:THE POWER GRID CORPORATION OF INDIA LIMITED
NORTH EASTERN REGION TRANSMISSION SYSTEM
REPRESENTED BY ITS EXECUTIVE DIRECTOR
DONVTIETH LOWER NONGRASH
LAPALANG
SHILLONG-79300
Advocate for the Petitioner : MR. S A AHMED, MS. M GOGOI,MS. D SWARGIARY
Advocate for the Respondent : ASSTT.S.G.I., SC, POWER GRID,SC, AEGCL,GA, ASSAM
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Judgment & Order (Oral)
Date : 14.08.2024
Heard Mr. S. A. Ahmed, the learned counsel appearing on behalf of all the
petitioners. Also heard Ms. A. Gayan, the learned CGC appearing on behalf of
Union of India and Mr. S. R. Baruah, the learned Government Advocate appearing
on behalf of the State respondents; Ms. K. Phukan, the learned Standing counsel
appearing on behalf of the AEGCL as well as its Officials; Mr. G. N. Sahewalla, the
learned Standing counsel appearing on behalf of the Power Grid Corporation.
2. The Petitioners, herein, in the writ petition are aggrieved by the damages
that occurred in their fisheries due to the construction of Towers and High
Voltage Transmission Lines,as well as also for the adequate compensation in
respect to the right of the use of the land which was acquired by the Respondent
Authorities.
3. It is the case of the Petitioners that some of the Petitioners have received
certain amount on account of the value of the land but there is no compensation
paid on account of the said damages occurred in their fisheries due to the
construction of Towers and High Voltage Transmission Lines.
4. 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
Page No.# 4/4
Judge within whose jurisdiction the property is situated.
5. Taking into account that the Petitioners, herein, are aggrieved on account of
non-payment of compensation, the Petitioners, would be well advised to
approach the learned District Judge, Baksa in terms with Section 16 of the Indian
Telegraph Act, 1885. In the circumstance, the said application is filed by the
Petitioners within a period of 45(forty five) days from today, the learned District
Judge, Baksa shall proceed with the adjudication of the said proceedings in
accordance with the applicable provisions of law.
6. With above observations and directions, the writ petition stands disposed of.
JUDGE
Comparing Assistant
