Gauhati High Court
Page No.# 1/52 vs The State Of Assam And 2 Ors on 25 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/52
GAHC010131962023
2025:GAU-AS:3810
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/68/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI, SILCHAR, DIST- CACHAR, PIN-788005, ASSAM,
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM,
POWER DEPARTMENT,DISPUR, GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:RABIJUL HAQUE MAZUMDER
S/O- LATE AJOB ALI MAZUMDER
VILL- MOHANPUR GRANT
P.S- ALGAPUR
DIST- HAILAKANDI
P.O- MOHANPUR
ASSAM
PIN-78815
Advocate for the Petitioner : MR. N C DAS, MS M BORAH,MS. M DEVI,MR. A DAS
Advocate for the Respondent : GA, ASSAM, MR. R A MAZUMDER (r-3),MR. R A CHOUDHURY
(r-3)
Page No.# 2/52
Linked Case : CRP/104/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:ON THE DEATH OF SURMAN ALI MAZARBHUIYA
HIS LEGAL HEIRS
4:MAHMUD ALI MAZARHUIYA
S/O LATE SK. AFTAB UDDIN
R/O VILL-RONGPUR NORTH
P.S.-HAILAKANDI
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
5:SAKAT ALI MAZARBHUIYA
S/O LATE SK. AFTAB UDDIN
R/O VILL-RONGPUR NORTH
P.S.-HAILAKANDI
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
6:HILAL UDDIN MAZARBHUIYA
Page No.# 3/52
S/O LATE SK. AFTAB UDDIN
R/O VILL-RONGPUR NORTH
P.S.-HAILAKANDI
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND ORS
Linked Case : CRP/90/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:SAYNA BEGUM LASKAR
D/O LATE ABDUL MUSOBBIR LASKAR
VILL-NISCHINTAPUR PART II
P.S.-LALA
DIST-HAILAKANDI
P.O.-MONACHERRA
ASSAM
PIN-788164
------------
Advocate for : MR. N C DAS
Page No.# 4/52
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/73/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:ON THE DEARH OF SK. SOFIK UDDIN
HIS LEGAL HEIRS
I) SK. AMIRUN NESSA
W/O- LATE SK. SOFIK UDDIN.
II)SK. HUSSAIN AHMED (SON)
III)SK NURUL HAQUE (SON)
IV) SK AYNUL HAQUE
ALL SONS OF LATE SK. SOFIK UDDIN
ALL R/O
VILL- MOHANPUR GRANT
P.S- ALGAPUR
P.O- MHANPUR
DIST- HAILAKANDI
ASSAM
PIN-788150
------------
Page No.# 5/52
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/92/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:LAKSHMIPRASAD MAL
S/O RATAN MAL
VILL-MOHONPUR GRANT
P.S.-ALGAPUR
P.O.-MOHONPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/102/2023
Page No.# 6/52
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:SWOPON KUMAR DAS
S/O LATE NARENDRA CHANDRA DAS
VILL-BARBOND PART II
P.S.-LALA
P.O.-BARBOND
DIST-HAILAKANDI
ASSAM
PIN-788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/80/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DISTRICT- CACHAR
PIN- 788005
ASSAM
Page No.# 7/52
REPRESENTED BY THE MANAGER.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPTT.
DISPUR
GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DISTRICT- HAILAKANDI.
3:AJANTA MAL
W/ SHRI SUNTU MAL
R/O- VILL. MOHANPUR GRANT
P.O.- MOHANPUR
P.S.- ALGAPUR
DISTRICT- HAILAKANDI
ASSAM
PIN- 788150.
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/136/2024
NORTH EAST TRANSMISSION COMPANY LIMITED
NIZARAPAR SAMSAN PATH
A K DEV ROAD
NEAR GORCHUK CHARIALI
ASSAM
781035 REPRESENTED BY THE DEPUTY MANAGER
SRI NIRANJAN RABHA.
Page No.# 8/52
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
POWER DEPARTMENT
DISPUR GUWAHATI 06
2:THE DISTRICT COMMISSIONER
HAILAKANDI DISTRICT
HAILAKANDI
ASSAM
3:MD. ABDUL HUSSAIN LASKAR
S/O LATE ABDUL MUSOBBIR LASKAR
RESIDENT OF NISCHINTAPUR PART II
PO AND DIST HAILAKANDI
PO MONACHERRA
ASSAM 788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/85/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST-CACHAR
PIN-788005
ASSAM REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
Page No.# 9/52
HAILAKANDI
DIST-HAILAKANDI
3:ON THE DEATH OF SK. AFTAB UDDIN
HIS LEGAL HEIRS
4:MUSTT. JAMILA KHATUN
W/O LATE SK. AFTAB UDDIN
R/O VILL-MOHANPUR GRANT
P.S.-ALGAPUR
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
5:SK. HUSSIN AHMED
S/O LATE SK. AFTAB UDDIN
R/O VILL-MOHANPUR GRANT
P.S.-ALGAPUR
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
6:SK. ALTAF HUSSAIN
S/O LATE SK. AFTAB UDDIN
R/O VILL-MOHANPUR GRANT
P.S.-ALGAPUR
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
7:SK. ABUL HUSSAIN
S/O LATE SK. AFTAB UDDIN
R/O VILL-MOHANPUR GRANT
P.S.-ALGAPUR
P.O.-MOHANPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
8:SK. JAKIR HUSSAIN
S/O LATE SK. AFTAB UDDIN
R/O VILL-MOHANPUR GRANT
P.S.-ALGAPUR
P.O.-MOHANPUR
DIST-HAILAKANDI
Page No.# 10/52
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/69/2023
NORTH EAST TRANSMISSION CO LTD
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:SUKESH MOHALI
S/O- LATE SUSHIL MOHALI
R/O VILL- MOHANPUR GRANT
P.S- ALGAPUR
DIST- HAILAKANDI
P.O- MOHANPUR
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Page No.# 11/52
Linked Case : CRP/96/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:LABANYA KUMAR NATH
S/O LATE LAL MOHAN NATH
VILL- LAKSHMINAGAR I
P.O.-NISCHINTAPUR
DIST/P.S.-HAILAKANDI
PIN-788164
ASSAM
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/91/2023
NORTH EAST TRANSMISSSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
Page No.# 12/52
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:IRSHAD ALI CHOUDHURY
S/O LATE HAZI SUNAHOR ALI CHOUDHURY
VILL- NISCHINTAPUR PART II
P.S. AND DIST- HAILAKANDI
P.O.-MONACHERRA
ASSAM
PIN-788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/95/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
Page No.# 13/52
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:MUSTT. KAMIRUN NESSA BARBHUIYA
W/O LATE HORUDHAN ALI BARBHUIYA
VILL- LAKSHMINAGAR RA
P.O.-LAKSHMINAGAR
PIN-788164
ASSAM
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/135/2024
NORTH EAST TRANSMISSION COMPANY LTD
NIZARAPAR SAMSAN PATH
A K DEV ROAD
NEAR GORCHUK CHARIALI
ASSAM
781035 REPRESENTED BY THE DEPUTY MANAGER
SRI NIRANJAN RABHA.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
POWER DEPARTMENT
DISPUR GUWAHATI 06
2:THE DISTRICT COMMISSIONER
HAILAKANDI DISTRICT
HAILAKANDI
ASSAM
3:MD. JASIM UDDIN LASKAR
S/O LATE KAMIL UDDIN LASKAR
Page No.# 14/52
RESIDENT OF NISCHINTAPUR PART II
PO AND DIST HAILAKANDI
PO MONACHERRA
ASSAM 788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/77/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST. CACHAR
PIN- 788005
ASSAM
REPRESENTED BY THE MANAGER.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST. HAILAKANDI
ASSAM
3:FOYAZ UDDIN BARBHUIYA
S/O- LATE ASHAID ALI BARBHUIYA
VILL.- RATANPUR PART-II
P.O. RATANPUR
P.S. ALGAPUR
DIST. HAILAKANDI
P.O. MOHONPUR
ASSAM
PIN- 788150.
------------
Advocate for : MR. N C DAS
Advocate for : GA
Page No.# 15/52
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/87/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DISTRICT- CACHAR
PIN- 788005
ASSAM
REPRESENTED BY THE MANAGER.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DISTRICT- HAILAKANDI.
3:SK. NUR ISLAM
S/O LATE IBRAHIM ALI
R/O- VILL. MOHANPUR GRANT
P.O.- MOHANPUR
P.S.- ALGAPUR
DISTRICT- HAILAKANDI
ASSAM
PIN- 788150.
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Page No.# 16/52
Linked Case : CRP/72/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:MD. MASHUK UDDIN LASKAR
S/O- IRMAN ALI LASKAR
R/O VILL- PURBAGUL
P.S- HAILAKANDI
DIST- HAILAKANDI
P.O- SAMARIKUNA
ASSAM
PIN-788155
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/75/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
Page No.# 17/52
DIST. CACHAR
PIN- 788005
ASSAM
REPRESENTED BY THE MANAGER.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST. HAILAKANDI
ASSAM
3:SAMS UDDIN LASKAR
S/O- LATE FARJAN ALI LASKAR
VILL.- NISCHINTAPUR GRANT PART II
P.O. AND DIST. HAILAKANDI
P.O.MONACHERRA
ASSAM
PIN- 788164.
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/79/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
Page No.# 18/52
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:AZMOT ALI LASKAR
S/O LATE ABDUL NOOR LASKAR
P.S. AND DIST- HAILAKANDI
P.O.-MONACHERRA
ASSAM
PIN-788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/70/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:INDRAJIT BHOWMICK
S/O- LATE LOLIT MOHAN BHOWMICK
Page No.# 19/52
VILL- LAKSHMINAGAR R.A
P.S- LALA
DIST- HAILAKANDI
P.O- LAKSHMINAGAR
ASSAM
PIN-788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/61/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST.- CACHAR
PIN- 788005
ASSAM REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM POWER DEPARTMENT
DISPUR
GHY-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST.- HAILAKANDI
3:SWOPON KUMAR DAS
S/O- LATE NARENDRA CHANDRA DAS
VILL- BARBOND PART-II
P.S. LALA
P.O. BARBOND
DIST.- HAILAKANDI
ASSAM
PIN- 788164
------------
Page No.# 20/52
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : CRP/74/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:SUNIL MADRAJI
S/O- LATE KALI CHARAN MADRAJI
R/O VILL- MOHANPUR GRANT
P.S- ALGAPUR
DIST- HAILAKANDI
P.O- MOHANPUR
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/101/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
Page No.# 21/52
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:SMT. ANJALI MAHALI
W/O ANIL MAHALI
VILL-MOHONPUR GRANT
P.S.-ALGAPUR
P.O.-MOHONPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/65/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST-CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
Page No.# 22/52
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:JOYNUL HUSSAIN MAZUMDER
S/O LATE RASID ALI MAZUMDER
VILL- NISCHINTAPUR PART II
P.S./DIST- HAILAKANDI
ASSAM
PIN-788164
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : CRP/100/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
Page No.# 23/52
DIST-HAILAKANDI
3:ALAUDDIN BARBHUIYA
S/O LATE ABDUL KARIM BARBHUIYA
VILL- KALINAGAR PT-VII
P.O.-UTTAR KANCHANPUR
DIST- HAILAKANDI
PIN-788801
ASSAM
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/89/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:SMT. SUMITRA MAL
W/O LATE MONORANJAN MAL
VILL- MOHONPUR GRANT
P.S.-ALGAPUR
DIST- HAILAKANDI
P.O.-MOHONPUR
ASSAM
PIN-788150
Page No.# 24/52
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/62/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST-CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:SMT. ANJALI MAHALI
W/O ANIL MOHALI
VILL-MOHONPUR GRANT
P.S.-ALGAPUR
P.O.-ALGAPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/71/2023
Page No.# 25/52
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
ASSAM
3:MONA MAL
S/O- LATE MANORANJAN MAL
R/O VILL- MOHANPUR GRANT
P.S- ALGAPUR
DIST- HAILAKANDI
P.O- MOHANPUR
ASSAM
PIN-788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/97/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
Page No.# 26/52
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:SAJAL KANTI NATH
S/O LATE GOALP MONI NATH
VILL- LAKSHMINAGAR I
P.O.-NISCHINTAPUR
DIST/P.S.-HAILAKANDI
PIN-788164
ASSAM
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/94/2023
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
Page No.# 27/52
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:REJUANA BEGOM MAZUMDER
D/O AYNUL HAQUE MAZUMDER
VILL- BONDUKMARA
DIST AND P.S.-HAILAKANDI
PIN-788155
ASSAM
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/63/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST-CACHAR
PIN-788005
ASSAM
REPRESENTED BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:LAKSHMIPRASAD MAL
S/O RATAN MAL
VILL-MOHONPUR GRANT
MOHONPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
Page No.# 28/52
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/76/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST. CACHAR
PIN- 788005
ASSAM
REPRESENTED BY THE MANAGER.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST. HAILAKANDI
ASSAM
3:ABU BAKKAR LASKAR
S/O- LATE ANFOR ALI LASKAR
VILL.- NISCHINTAPUR PART-II
P.S. AND DIST. HAILAKANDI
P.O. MONACHERRA
ASSAM
PIN- 788164.
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/98/2023
Page No.# 29/52
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.-BADARPUR GHAT
P.S.-PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE DEPUTY GENERAL MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DIST-HAILAKANDI
3:MD. HILAL UDDIN BARBHUIYA
S/O LATE HORUDHAN ALI BARBHUIYA
VILL- LAKSHMINAGAR RA
P.O.-LAKSHMINAGAR
DIST- HAILAKANDI
PIN-788164
ASSAM
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/64/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DISTRICT- CACHAR
PIN- 788005
ASSAM REPRESENTED BY THE MANAGER
VERSUS
Page No.# 30/52
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
POWER DEPT.
DISPUR
GUWAHATI-6
2:THE DEPUTY COMMISSIONER
HAILAKANDI
DISTRICT- HAILAKANDI
3:SHIVCHARAN MADRAJI
S/O- LATE APANNA MADRAJI
VILL. MOHONPUR GRANT
P.S.- ALGAPUR
P.O.- MOHONPUR
DISTRICT- HAILAKANDI
ASSAM
PIN- 788150
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/82/2023
NORTH EAST TRANSMISSION COMPANY LIMITED
RANGIRKHARI
SILCHAR
DIST- CACHAR
PIN-788005
ASSAM
REP. BY THE MANAGER
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISIONER AND SERETARY TO THE GOVT. OF ASSAM
POWER DEPARTMENT
DISPUR
GUWAHATI-06
2:THE DEPUTY COMMISSIONER
HAILAKANDI
Page No.# 31/52
ASSAM
3:KAYAZUR RAHMAN BARBHUIYA
S/O- LATE SURMAN ALI BARBHUIYA
VILL- RATANPUR PART II
P.S AND DIST- HAILAKANDI
P.O- RATANPUR
ASSAM
PIN-788155
------------
Advocate for : MR. N C DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : CRP/137/2024
NORTH EAST TRANSMISSION COMPANY LIMITED
NIZARAPAR SAMSAN PATH
A K DEV ROAD
NEAR GORCHUK CHARIALI
ASSAM
781035 REPRESENTED BY THE DEPUTY MANAGER
SRI NIRANJAN RABHA.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
POWER DEPARTMENT
DISPUR GUWAHATI 06
2:THE DISTRICT COMMISSIONER
HAILAKANDI
ASSAM
3:ON THE DEATH OF SMTI SUDHA RANI DAS
HER LEGAL HEIRS NIKHIL CHANDRA DAS
S/O LATE NARENDRA CHANDRA DAS
RESIDENT OF VILLAGE BORBOND PART I
PS LALA AND DISTRICT HAILAKANDI
PO MONACHERRA
Page No.# 32/52
ASSAM 788164
4:SUNIL CHANDRA DAS
S/O LATE NARENDRA CHANDRA DAS
RESIDENT OF VILLAGE BORBOND PART I
PS LALA AND DISTRICT HAILAKANDI
PO MONACHERRA
ASSAM 788164
5:SWAPAN KUMAR DAS
S/O LATE NARENDRA CHANDRA DAS
RESIDENT OF VILLAGE BORBOND PART I
PS LALA AND DISTRICT HAILAKANDI
PO MONACHERRA
ASSAM 788164
------------
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocate for the petitioner(s): Mr. NC Das, Senior Advocate
Ms. M Devi
Advocate for the respondent(s): Mr. K Bhattacharjee,
Govt. Advocate, Assam
Mr. RA Choudhury for Private respondents
Date of hearing & judgment : 25.03.2025
JUDGMENT &ORDER (ORAL)
Page No.# 33/52
Heard Mr. NC Das, the learned senior counsel, assisted by Ms. M Devi, the
learned counsel appearing on behalf of the petitioner. Mr. K Bhattacharjee, the
learned Government Advocate, Assam appears on behalf of the State
respondents and Mr. RA Choudhury, the learned counsel appears on behalf of
the claimants/private respondents in the instant batch of proceedings except the
claimants in CRP No.95/2023. Taking into consideration, the order which this
Court proposes to pass, the appearance of the claimants in CRP No.95/2023 are
dispensed with.
2. Taking into account the grounds on which the present applications are filed
invoking the supervisory jurisdiction of this Court under Article 227 of the
Constitution, this Court takes up all these applications together for disposal by
this common judgment and order. For the sake of clarity, this Court would give a
brief detail of the challenge made in the instant batch of applications.
In the instant application, the petitioner herein had assailed the order passed
on 19.09.2022 in Misc. (P.G) Case No.42/2016, whereby an amount of
Rs.3,14,470/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Telegraph Act,
1885 (for short, the Act of 1885). It was further observed that the amount
already paid shall be deducted from the total amount payable to the claimants.
Page No.# 34/52
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.06/2016, whereby an amount of
Rs.10,94,169/- along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.26/2016, whereby an amount of
Rs.9,90,199.86p along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.12/2016, whereby an amount of
Rs.1,61,200/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
Page No.# 35/52
on 12.08.2022 in Misc. (P.G) Case No.40/2016, whereby an amount of
Rs.9,47,268.58p along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.59/2015, whereby an amount of
Rs.2,72,400/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 18.08.2022 in Misc. (P.G) Case No.24/2016, whereby an amount of
Rs.8,83,130/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 04.11.2022 in Misc. (P.G) Case No.23/2015, whereby an amount of
Page No.# 36/52
Rs.2,10,480/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 15.11.2022 in Misc. (P.G) Case No.08/2016, whereby an amount of
Rs.6,62,715/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 26.10.2022 in Misc. (P.G) Case No.03/2016, whereby an amount of
Rs.1,62,981/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 07.01.2023 in Misc. (P.G) Case No.13/2016, whereby an amount of
Rs.34,580/- along with interest @ 6% per annum from the date of filing of the
Page No.# 37/52
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 28.10.2022 in Misc. (P.G) Case No.41/2016, whereby an amount of
Rs.8,02,835/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 05.08.2022 in Misc. (P.G) Case No.36/2016, whereby an amount of
Rs.1,48,800/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 03.09.2022 in Misc. (P.G) Case No.44/2015, whereby an amount of
Rs.10,41,207/- along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
Page No.# 38/52
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 29.10.2022 in Misc. (P.G) Case No.35/2016, whereby an amount of
Rs.94,720/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 29.09.2022 in Misc. (P.G) Case No.37/2015, whereby an amount of
Rs.2,32,800/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 10.08.2022 in Misc. (P.G) Case No.10/2016, whereby an amount of
Rs.3,59,915/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
Page No.# 39/52
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 09.09.2022 in Misc. (P.G) Case No.34/2016, whereby an amount of
Rs.1,02,720/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 03.01.2023 in Misc. (P.G) Case No.15/2016, whereby an amount of
Rs.1,12,904/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 20.10.2022 in Misc. (P.G) Case No.14/2016, whereby an amount of
Rs.35,136/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
Page No.# 40/52
In the instant application, the petitioner herein had assailed the order passed
on 29.09.2022 in Misc. (P.G) Case No.11/2016, whereby an amount of
Rs.4,13,420/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 09.09.2022 in Misc. (P.G) Case No.04/2017, whereby an amount of
Rs.1,60,800/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 03.09.2022 in Misc. (P.G) Case No.35/2015, whereby an amount of
Rs.48,99,571/- along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
Page No.# 41/52
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.12/2016, whereby an amount of
Rs.1,61,200/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.15/2015, whereby the petitioner was
directed to make payment to the claimants at an enhanced rate towards
compensation to be assessed by the Revenue Authorities under Section 16 of
the Act of 1885. It was further observed that the amount already paid shall be
deducted from the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.33/2016, whereby an amount of
Rs.5,40,000/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
Page No.# 42/52
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.55/2015, whereby an amount of
Rs.7,82,602/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.42/2015, whereby an amount of
Rs.68,960/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.31/2016, whereby an amount of
Rs.3,92,220/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
Page No.# 43/52
on 12.08.2022 in Misc. (P.G) Case No.76/2015, whereby the petitioner was
directed to make payment to the claimants at an enhanced rate towards
compensation to be assessed by the Revenue Authorities under Section 16 of
the Act of 1885.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.26/2016, whereby an amount of
Rs.9,90,199.86p along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 12.08.2022 in Misc. (P.G) Case No.06/2016, whereby an amount of
Rs.10,94,169/- along with interest @ 6% per annum from the date of filing of
the petition was awarded as compensation under Section 16 of the Act of 1885.
It was further observed that the amount already paid shall be deducted from
the total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 03.01.2023 in Misc. (P.G) Case No.19/2016, whereby an amount of
Rs.20,941/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
Page No.# 44/52
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 21.08.2024 in Misc. (P.G) Case No.34/2015, whereby an amount of
Rs.8,53,980/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 26.07.2024 in Misc. (P.G) Case No.02/2017, whereby an amount of
Rs.80,072/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
total amount payable to the claimants.
In the instant application, the petitioner herein had assailed the order passed
on 26.07.2024 in Misc. (P.G) Case No.07/2016, whereby an amount of
Rs.8,73,306/- along with interest @ 6% per annum from the date of filing of the
petition was awarded as compensation under Section 16 of the Act of 1885. It
was further observed that the amount already paid shall be deducted from the
Page No.# 45/52
total amount payable to the claimants.
39. In the backdrop of the challenge made to the impugned orders in the
various proceedings noted above, let this Court take note of the submissions
made by the learned senior counsel appearing on behalf of the petitioner. The
case of the petitioner as submitted by Mr. NC Das, the learned senior counsel is
that the learned Additional District Judge, Hailakandi, who is the authority in
terms with Section 16(3) of the Act of 1885 did not decide the question that the
application so filed by the claimants under Section 16 of the Act of 1885 was
beyond the period of limitation. The learned senior counsel submitted that
though Section 16 of the Act of 1885 does not mention any period of limitation,
but by virtue of Article 137 of Schedule III to the Limitation Act, 1963 (for short,
the Act of 1963), the period of limitation would run from the date the claimants
have received compensation. The learned senior counsel appearing on behalf of
the petitioner submitted that though Article 137 refers to the right to apply
when accrue, but in the instant cases, the right to apply acrue immediately
upon receipt of the compensation. As in the instant cases, the applications were
filed beyond 3(three) years, the same are barred by limitation.
40. The learned senior counsel further submitted that the claimants have also
received the compensation without any protest and as such the claimants had
no right to file the application under Section 16 of the Act of 1885. This very
aspect of the matter was also not taken into consideration by the learned
Additional District Judge, Hailakandi while passing the impugned orders in the
various applications filed under Section 16 of the Act of 1885.
Page No.# 46/52
41. Per contra, Mr. RA Choudhury, the learned counsel appearing on behalf of
the claimants/private respondents submitted that Article 137 of the Act of 1963
prescribes a limitation of 3(three) years from the date on which the right to
apply accrues. He submitted that the dispute arose when inspite of submission
of representations to the authorities, they have not paid any heed to the claims
of the private respondents/claimants and as such, the right to accrue applied on
such representation not being taken note of. He further submitted that in the
impugned orders, it would be seen that this very aspect had been duly dealt
with by the Court of the learned Additional District Judge, Hailakandi. In
addition to that, the learned counsel also submitted that the learned Court had
also taken due note of the fact that the claimants herein are rural people and
would not be aware of the technicalities of the legal principles. The learned
counsel further submitted that the submission that the claimants have received
the compensation without any protest is misconceived and not proved by the
petitioner.
42. Mr. K Bhattacharjee, the learned counsel appearing on behalf of the
Government of Assam submits that Section 16 of the Act of 1885 is a beneficial
and welfare legislation for the benefit of those persons who have been deprived
of the use of their own land. He, therefore, submits that the persons concerned,
who are actually entitled to the compensation should be given the just and fair
compensation, rather than rejecting their claims on technicalities
43. I have heard the learned counsels appearing on behalf of the parties at
length and have given my anxious consideration to the submissions made.
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44. This Court had also perused the Lower Court Records which have been
called for by this Court.
45. For deciding the contention so raised, it is relevant to take note of Section
16(3), 16(4) and 16(5) of the Act of 1885 which is reproduced herein under:
16(3).If any dispute arises concerning the sufficiency of the
compensation to be paid under section 10, clause (d), it shall, on
application for that purpose by either of the disputing parties to the District
Judge within whose jurisdiction the property is situated, be determined by
him.
16(4). If any dispute arises as to the persons entitled to receive
compensation, or as to the proportions in which the persons interested arc
entitled to share in it, the telegraph authority may pay into the Court of the
District Judge such amount as he deems sufficient or, where all the
disputing parties have in writing admitted the amount tendered to be
sufficient or the amount has been determined under sub-section (3), that
amount; and the District Judge, after giving notice to the parties and
hearing such of them as desire to be heard, shall determine the persons
entitled to receive the compensation or, as the case may be, the
proportions in which the persons interested are entitled to share in it.
16(5). Every determination of a dispute by a District Judge under sub-
section (3) or sub-section (4) shall be final: Provided that nothing in this
sub-section shall affect the right of any person to recover by suit the whole
or any part of any compensation paid by the telegraph authority, from the
person who has received the same.
Page No.# 48/52
46. From a perusal of Section 16(3), it would be seen that if any dispute
arises concerning the sufficiency of the compensation to be paid under Section
10 clause (d), an application can be filed to the District Judge within whose
jurisdiction the property is situated for determination as regards the sufficiency
of the compensation. In terms with sub-section (4) of Section 16, if any dispute
arises as regards the persons entitled to receive compensation or to the
apportionment in which the persons interested are entitled to share in it, the
Authority and in the instant case the beneficiary of the proceedings i.e. the
petitioner herein would be required to pay the said amount in the Court of the
learned District Judge as the authorities deem sufficient or where all the
disputing parties have in writing admitted the amount tendered to be sufficient
or the amount that has been determined under Sub-section (3) by the learned
District Judge. The learned District Judge thereupon after giving notice to the
parties and hearing such of them as desired to be heard shall determine the
persons entitled to receive the compensation or, as the case may be, the
proportion in which the persons interested are entitled to share in it.
47. It is very pertinent at this stage to mention at this stage that in Sub-Section
(4) of Section 16, there is a mention as to the amount which is required to be
deposited before the Court. It refers to three circumstances. First, the amount
adjudged by the Authority. Second, the amount the disputing parties have in
writing admitted the amount tendered to be sufficient and thirdly, the amount
determined by the learned District Judge in terms with Section 16(3) of the Act
of 1885.
48. In terms with Sub-Section (5) of Section 16, every determination of a
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dispute by the District Judge under Sub-Section (3) or under Sub-Section (4)
shall be final. It would be seen from a very perusal of Section 16 of the Act of
1885 that there is no mention as to within what period an application is required
to be filed in terms with Section 16(3) of the Act of 1885, save and except,
when a dispute arises.
49. In the backdrop of the above, let this Court take note of the submission of
Mr. NC Das, the learned senior counsel appearing on behalf of the petitioner,
who submits that in terms with Article 137 of the Act of 1963, the period of
limitation would be 3(three) years from the date on which the compensation
was paid to the claimants. This Court had duly taken note of Article 137 of the
Act of 1963, which stipulates that the period of limitation would start when the
right to apply accrues. Under such circumstances, if Article 137 of the Act of
1963 is conjunctly read with Section 16(3) of the Act of 1885, it would,
therefore, be seen that the right to apply and file the application would arise
only when there is a dispute which had arisen for determination as regards the
insufficiency of the compensation. The Court of the learned Additional District
Judge, Hailakandi, in the impugned orders assailed in the present batch of
applications have duly taken note of that the claimants have represented before
the authorities concerned as regards the insufficiency of the compensation and
the issuance of these representations were not denied by the petitioner. The
non-consideration of the representations had led to the dispute and it is under
such circumstances, the applications were filed under Section 16(3) before the
learned District Judge, Hailakandi which was transferred to the Court of the
learned Additional District Judge, Hailakandi for its disposal. There is no
evidence adduced by the petitioner when they rejected the representations or
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rejected the claims made in the representations. Therefore, in the opinion of
this Court, the submission so made by the learned senior counsel for the
petitioner is bereft of merit.
50. This Court further finds it relevant to add that the petitioner herein had an
opportunity to adduce evidence, but no evidence was adduced except merely
stating in the written objection that on certain particular dates, the amounts
were received. Considering the above, this Court is of the opinion that the
learned Additional District Judge, Hailakandi, while passing the impugned
orders, had duly taken note of Section 16(3) of the Act of 1885. Additionally,
this Court also finds it relevant to observe that Section 16(3) is a beneficial as
well as a welfare legislation aimed at determination of the just and fair
compensation. Taking into account the above, this Court finds no ground for
interference in respect to the said submission to the effect that the proceedings
filed under Section 16(3) were barred by limitation.
51. The next submission so made is that the claimants have received the
amount without any objection and as such, the application so filed under
Section 16(3) of the Act of 1885 was not tenable. The said submission in the
opinion of this Court is misconceived on two counts. First, Section 16(3) does
not stipulate a bar to file an application seeking determination of sufficiency of
compensation, if the amount is received without protest unlike the second
proviso to Section 31 of the Land Acquisition Act, 1894.
52. Secondly, the petitioners herein did not produce any evidence that the
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claimants have admitted in writing the amount tendered to be sufficient.
53. Considering the above, this Court finds no ground to exercise the
supervisory jurisdiction against the impugned orders assailed in the instant
batch of applications. Accordingly, the instant batch of applications stand
dismissed. However, in the facts of the case, this Court is not inclined to impose
any costs.
54. Before parting with the records, this Court finds it relevant to take note of
one submission made by Mr. NC Das, the learned senior counsel for the
petitioner that at the time of completion of the delivery of the judgment in
respect to Misc.(PG)Case No.12/2016; Misc.(PG)Case No.15/2015; Misc.
(PG)Case No.33/2016; Misc.(PG)Case No.55/2015; Misc.(PG)Case No.42/2015,
Misc.(PG)Case No.31/2016; Misc.(PG)Case No.76/2015; Misc.(PG)Case
No.26/2016 and Misc.(PG)Case No.06/2016, the installation of the overhead
transmission line was not done by the Power Grid Corporation of India Limited,
but rather it was done by North East Transmission Company Limited and, as
such, the imposition of liability upon the Power Grid Corporation of India Limited
was not proper. This aspect of the matter in the opinion of the Court can be
agitated by the petitioner before the Court of the learned Additional District
Judge, Hailakandi by filing review application in that regard. Accordingly, this
Court grants 30 days time from today to the petitioner to avail such remedy, if
so advised.
55. With the above observation(s), the revision petitions stand disposed of.
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JUDGE
Comparing Assistant
