Page No.# 1/4 vs The Chief Manager
2025 Latest Caselaw 4188 Gua

Gauhati High Court

Page No.# 1/4 vs The Chief Manager on 18 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010020682025




                                                           2025:GAU-AS:3298

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

                              Case No. : CRP/8/2025

         MOHIR UDDIN CHOUDHURY
         S/O- LT. IBRAHIM ALI CHOUDHURY, VILL- UTTAR KANCHANPUR, PART-II,
         P.O. JANKI BAZAR, P.S. PANCHGRAM, DIST. HAILAKANDI, ASSAM.



         VERSUS

         THE CHIEF MANAGER, POWERGRID CORPN. OF INDIA LTD. (PGCIL) and 4
         ORS.
         POWERGRID CORPORATION OF INDIA LTD. (PGCIL), NER, BADARPUR, P.O.
         BADARPUR GHAT, P.S. PANCHGRAM, DIST. HAILAKANDI, ASSAM.

         2:THE MANAGER
          POWERGRID CORORATION OF INDIA LTD. (PGCIL)
          POWERGRID CORORATION OF INDIA LTD. (PGCIL)
          NER
          BADARPUR
          P.O. BADARPUR GHAT
          P.S. PANCHGAM DIST. HAILAKANDI
         ASSAM

         3:THE DEPUTY COMMISSIONER
          HAILAKANDI
          P.O. P.S. AND DIST. HAILAKANDI
         ASSAM
          PIN - 788155

         4:THE ADDL. DEPUTY COMMISSIONER CUM LAND ACQUISITION
         OFFICER
          HAILAKANDI
          P.O.
          P.S. AND DIST. HAILAKANDI
         ASSAM
                                                                       Page No.# 2/4

           PIN - 788155

          5:THE CIRCLE OFFICER
          ALGAPUR
           P.O. KALIBARI BAZAR
           P.S. ALGAPUR
           DIST. HAILAKANDI
          ASSAM
           PIN - 78815

For the petitioner (s)    : Mr. M. H. Laskar, Advocate

For the respondent (s) : Mr. N. C. Das, Sr. Advocate
                         Ms. M. Devi, Advocate
                         Ms. D. D. Barman, Addl. Sr. Govt. Advocate

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

18.03.2025

Heard Mr. M. H. Laskar, the learned counsel appearing on behalf of the petitioner and Mr. N. C. Das, the learned senior counsel assisted by Ms. M. Devi, the learned counsel appearing on behalf of the Power Grid Corporation of India.

2. The instant application under Article 227 of the Constitution has been filed challenging the judgment dated 08.08.2016 passed by the Court of the learned District Judge, Hailakandi in Misc.(PG) Case No.49/2012.

3. The ground taken in the instant proceedings is that the learned District Judge, Hailakandi who had the jurisdiction to Page No.# 3/4

determine the compensation payable in terms with Section 16 (3) of the Telegraph Act, 1885 had failed to exercise the jurisdiction and perfunctorily awarded an amount of Rs.3,00,000/- without taking into account the evidence which were duly placed on record.

4. Mr. N. C. Das the learned senior counsel appearing on behalf of the Power Grid Corporation of India also submitted that as per the Power Grid Corporation of India, the offer was given only for Rs.30,682/-. However, the learned District Judge, Hailakandi had awarded an amount of Rs.3,00,000/-without any rhyme or reason.

5. Taking into account the above submission, this Court has also perused the impugned judgment dated 08.08.2016, and more particularly, in respect to Issue No.4. From a perusal of the said Issue No.4, it is seen that the learned District Judge, Hailakandi has not decided as to why the learned Court had arrived at the amount of Rs.3,00,000/- and there is no basis seen as to why the learned Court had arrived at a finding that the compensation payable to the petitioner herein is Rs.3,00,000/-.

6. Taking into account the manner in which the impugned judgment dated 08.08.2016 was passed, this Court interferes with the impugned judgment and further remands the matter Page No.# 4/4

back to the learned District Judge, Hailakandi to adjudicate afresh and determine the compensation to which the petitioner herein would be entitled to as per law.

7. Taking into account that both the parties are represented, they are directed to appear before the learned District Judge, Hailakandi on 19.05.2025 on which date, the learned District Judge, Hailakandi shall on the basis of the evidence already on record and upon hearing the parties by giving them an additional opportunity to make oral arguments and if so necessary written arguments and shall dispose of the said proceedings in accordance with law.

8. The records which were called for be returned to the learned Court of the District Judge, Hailakandi by the Registry of this Court forthwith and shall make all the endeavors that the said records are available before the learned District Judge, Hailakandi on the next date so fixed herein above.

9. In view of the above, the instant petition stands disposed of.

JUDGE

Comparing Assistant