The Junior Engineer vs Shri Tinkhuma Darlong & Others
2023 Latest Caselaw 578 Tri

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                     HIGH COURT OF TRIPURA
                           AGARTALA
                             CRP No.28/2023

The Junior Engineer, Power Grid Corporation of India Ltd. & another
                                                      ......... Petitioner(s).
                              VERSUS
Shri Tinkhuma Darlong & others
                                                     .........Respondent(s).

For Petitioner(s) : Mr. R.K.P. Singh, Advocate. For Respondent(s) : Mr. Samrat Kar Bhowmik, Sr. Advocate, Ms. Puja Das, Advocate, Mr. E.L. Darlong, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 02/08/2023

After remand by this Court in CRP No.03 of 2019, the learned

District Judge, Unakoti District, Kailashahar by the impugned judgment

dated 05.07.2022 passed in Civil Misc. (Telegraph) No.01 of 2017 has

awarded an amount of Rs.3,00,263/- in favour of the petitioner/respondent

Sri Biaka Darlong and to other 4(four) respondents @ Rs.70,000/- each as

additional compensation beyond what was already received by them.

The challenge is by the Power Grid Corporation of India

Limited which was laying down the high tension lines. The damage to the

cost of land to each of the claimants has been awarded @ Rs.20,000/- for

the reason that they are situated in a cheap rated area whereas the damages

to the trees have been awarded @ Rs.50,000/- each to the claimants as

future annual return.

Learned counsel for both the sides have made forceful

submissions on the legal issues concerning the award of compensation in

cases under the Indian Telegraph Act.

The compensation awarded as above is not in a range of several

lakhs of rupees. If the fighting parties are able to come to an amicable

settlement in the matter through mediation or conciliation, the necessity for

a detailed adjudication may be avoidable. In that background, Mr. R.K.P.

Singh, learned counsel for the petitioners, seeks short time to obtain

instructions. Mr. Samrat Kar Bhowmik, learned senior counsel assisted by

Ms. Puja Das, learned counsel for the claimants/respondents, is agreeable to

mediation.

Let the matter appear on 11.08.2023.

The interim order dated 04.07.2023 to continue till the next

date.

(APARESH KUMAR SINGH), CJ

PULAK BANIK Date: 2023.08.03 18:26:17 +05'30'