[Cites 11, Cited by 0]
Tripura High Court
Ner-Ii Transmission Ltd. To Be ... vs ) Smt Sumitra Debbarma on 3 February, 2026
Page 1 of 12
HIGH COURT OF TRIPURA
AGARTALA
CRP 45 of 2025
1. NER-II Transmission Ltd. to be represented by its Authorised Representative
NER-II Transmission Ltd.
2. The officer-in-charge NER-II Transmission Ltd. having their registered office
at:
Unit No. 101, First Floor, Windsor, Village Kole Kalyan Off CST Road,
Vidyanagari Marg, Santacruz (East), Mumbai-400098
.......Petitioners
VERSUS
1) Smt Sumitra Debbarma, W/O Sri Sonatan Debbarma, D/O Sri. Budhurai
Debbarma
2) Debananda Debbarma, S/O Sri Budhurai Debbarma,
3) Sri Manoj Debbarma, S/O Sri Budhurai Debbarma
All are residents of BT para, Purba Noagaon, Post Office-Jirania, Police Station -
Jirania, Sub-division- Jirania, District-West Tripura.
4) Power Grid Corporation of India Ltd., A government of India enterprise, New
Delhi, represented by its chairman cum Managing Director, Head office at B.9,
Qutab Institute area, Katwaba Sarai, New Delhi-110016
5) The Regional Manager, Power Grid Corporation of India Ltd., North East
Regional Office, Shayamali Bazar, P.O. Kunjaban, 799006, P.S. NCC, District-
West Tripura
6) The Dy. General Manager, Transmission Division, 79 Tilla, Agartala, P.S
NCC, District- West Tripura
7) Tripura State Electricity Corporation Ltd., A government of Tripura Enterprise
Represented by its Chairman cum Managing Director, Head Office at Bhuturia,
Banamalipur, Agartala, P.S-East agartala, District- West Tripura
8) The Sub-Divisional Magistrate, Jirania, West Tripura
9) The Member Secretary, Khatangsa RPS, Chintaharan para, Purba Noagaon,
P.S. Ranir Bazar, District- West Tripura, pin- 799035
10) Sri Surjya Kumar Debbarma, S/o. Sri Budhurai Debbarma, Resident of
Bardhaman, Thakurpara, P.S. Ranir bazaar, P.O. Jirania, Pin-799035, West
Tripura
...........Respondents
For Appellant(s) : Mr. Karun Maheta, Advocate
Mr. Kousik Datta, Advocate
For Respondent(s) : Mr. Kushal Deb, Advocate
Mr. RP Singh, Advocate
Mr. Agniva Chakraborty, Advocate
Mr. Samrat Sarkar, Advocate
Date of hearing : 15.01.2026
Date of pronouncement : 03.02.2026
Whether fit for reporting : YES.
HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
JUDGMENT & ORDER
This Revision is filed under Article 227 of the Constitution of India
by the petitioner challenging the judgment dated 14.02.2025 by the District
Judge, West Tripura District, Agartala ( for short 'District Court') in Civil
Misc.(J) 01/2022.
The background facts
2. The 1st petitioner is M/S NER-II Transmission Ltd., which is a
Government company incorporated in the year 2015.
3. It is a special purpose vehicle with several components comprising
the North Eastern Region System Strengthening Scheme-II (Part-B) & V. The
project was to strengthen the interconnection between the States of Tripura,
Assam and Arunachal Pradesh and to provide an additional source of power to
Itanagar and also to provide a strong interconnection between the northern and
southern part of the north-east region.
4. The Central Electricity Regulatory Commission through an order
dt.27.07.2017 granted transmission license to it to build, own, operate and
maintain transmission lines covered under the above scheme and the Ministry of
Power, Government of India had accorded approval to implement the
transmission lines under Section 68 of the Electricity Act, 2003.
5. The Ministry of Power, Government of India conferred all powers
under Section 164 of the Electricity Act, 2003 which the Telegraph authority
possesses on the 1st petitioner for which a notification was published in the
Government of India Gazette dt.31.08.2018.
6. As part of the scheme, a 400 KV transmission line from
Surjyamaninagar to Purba Kanchanbari was sought to be laid by the 1 st
petitioner through the lands of the respondent Nos.1 to 3 herein in which there
was a rubber plantation. According to the respondent Nos. 1 to 3 the age of the
trees at the time of laying of the line was about 10 years.
7. Initially, a notice was served by the staff of the petitioners on the
respondent Nos. 1 to 3 on 29.03.2019 stating that their proposed 440KV/132KV
transmission line will pass through the land of the respondent Nos. 1 to 3 and the
trees belonging to them and their co-sharer standing on the land would be
required to be cleared/cut and they would be compensated for their loss at the
value assessed by the Revenue Department.
Civil Misc.(J) 01/2022
8. Alleging that inspite of what was mentioned in the notice dated
29.03.2019 no assessment was made by the Revenue Department of the
compensation payable to them and the trees were cut and no compensation was
paid to them, on 06.04.2022 the respondent Nos. 1 to 3 filed an application
District Judge, West Tripura, Agartala under Section 16(3) of the Indian
Telegraph Act, 1885 seeking compensation of Rs.1,10,00,000/- to them and
their co-sharers. It was numbered as Civil Misc.(J) 01/2022.
9. In that application, the petitioners herein were impleaded as
respondent Nos. 4 & 5.
10. The Power Grid Corporation of India and its officers were
impleaded as respondent Nos. 1 to 3, the Tripura State Electricity Corporation
Ltd. was impleaded as respondent No.6 and the Sub-Divisional Magistrate,
Jirania was added as the respondent No.7.
11. The respondents 1 to 3 contended that that even towers were
constructed on the land of the petitioners and their co-sharers and high voltage
electric line was extended over their land and garden after cutting the trees for
which they are entitled to the above sum of Rs.1,10,00,000/- as compensation.
According to them, it would not be possible to erect multistoried
buildings either for residential purpose or for commercial purpose over their
land and it is not possible for them to use the land for other plantation, etc. or
for any commercial purpose though the land is situated by the side of a pucca
village road attached with the Assam-Agartala National Highway 44 and the
land in the locality was being used for commercial purpose and a stone crusher
factory and a rubber factory were already existing there.
They claimed that they could easily earn Rs.3,00,000/- per month
by giving on lease their land for purpose of a resort, factory, plantation, etc. and
they could earn atleast Rs.2,00,00,000/- within 10 years but they were deprived
of this amount.
According to the respondent Nos.1 to 3 atleast 460 rubber plants
were cut down and the Rubber Board had fixed Rs.10,000/- per plant as
assessment for the damage of every rubber plant of age 8 to 12 years.
They also alleged that the Tripura State Electricity Corporation Ltd.
and the Managing Director thereof had knowledge regarding the laying of
overhead electric lines over their land but they did not take any initiative for
assessment of the compensation through the Revenue Department by the
Government of Tripura.
According to them, the Sub-Divisional Magistrate in an order
passed on 26.10.2021 instructed the concerned Tehsildar for assessment of the
damage caused to the respondent Nos. 1 to 3 but the Tehsildar on 02.03.2022
denied to make such assessment.
12. The Power Grid Corporation of India filed a written objection to the
said application denying any knowledge or connection with the said
transmission line involved in the case and made it clear that the said
transmission line belongs to the petitioners and they have no connection with the
petitioners.
13. Notice was issued by the Court of the District Judge, West Tripura,
Agartala on 06.04.2022 to the petitioners and the other respondents.
14. The petitioners were served but they did not appear before the said
court and the same was recorded in the docket order dt.20.06.2022 and the
matter was adjourned to 15.09.2022 to enable them to file written objections to
the application filed by respondents 1 to 3.
15. On 15.09.2022 also the petitioners did not appear before the
District Court and the court adjourned the matter to 14.12.2022 for their
appearance and for filing of written objection by them.
16. On 14.12.2022 also the petitioners did not appear before the
District Court and having noted that they were duly served notice in the case, the
court decided to proceed ex-parte against them and the other respondents who
were also similarly served but who did not file written objection or engage
counsel.
17. On 13.03.2023 the District Judge, framed the following three
issues:
"i) Is the application filed by the claimant petitioners U/S 16(3)
of the Indian Telegraphic Act, 1885 maintainable in its present
form and nature?
ii) Have the respondent extended the high voltage electric line
illegally and forcibly over the land of the claimant petitioners
along with their other co-sharers without making assessment of
damages caused to the claimant petitioners and other co-
sharers of the land.
iii) Are the claimant petitioners entitled to get a decree of
compensation, as prayed for? If yes, then who shall be liable to
make payment of compensation?"
18. The respondent Nos. 1 to 3 filed affidavits of chief examination on
03.06.2023 and they were also cross-examined by the counsel for the Power
Grid Corporation of India and their evidence was closed.
19. The court then gave opportunity to the respondents in the case to
file their affidavits in chief examination, but the counsel for the Power Grid
Corporation of India informed that her clients were not interested to adduce
evidence as they had no connection with the transmission line in question and so
the evidence on the side of the respondents was closed.
20. On 27.01.2025 after recording that the case was proceeding ex-
parte against the petitioners vide order dt.14.12.2022, arguments of the
respondent Nos.1 to 3 and the counsel for the Power Grid Corporation of India
were heard at length.
21. On 14.02.2025 the application was allowed holding that the
respondent Nos. 1 to 3 and other co-sharers were entitled to compensation of
Rs.46,00,000/- for destruction of 460 number of mature rubber trees on their
land by the petitioners. It was further held that all the owners of the land are also
entitled to get compensation of Rs.18,00,000/- from the petitioners due to loss
sustained by them for non-use of the land for any business purpose or residential
purpose.
22. Thus, the petitioners were directed to pay compensation of
Rs.64,00,000/- only to the respondent Nos. 1 to 3 and other owners of the land
within two months failing which it was directed that interest @7.5% per annum
be paid to them from the date of filing of the application under Section 16(3) of
the Indian Telegraph Act, 1885 i.e. 06.04.2022 till the date of payment of
compensation amount.
The instant Revision
23. Challenging the said judgment the petitioners have filed the instant
revision under Article 227 of the Constitution of India raising several
contentions on merits and they had also filed several documents along with the
Revision being Annexures 1 to 9.
24. Counsel for the petitioners sought to contend that the respondent
Nos. 1 to 3 have concealed certain material facts and that the District Court had
not examined the said aspect. He claimed that the petitioners had prepared
trees/crops compensation payment sheet had alleged that compensation amount
of Rs.1,41,432/- and Rs.2,58,661/- was paid to the respondent Nos. 1 to 3
through cheques. It is also alleged that assessment of rubber trees was done and
rates were determined on the basis of a notification of the revision of rates for
damaged crops, etc. issued by the Joint Secretary, Revenue Department,
Government of Tripura. It was contended that the District Judge stepped into the
shoes of the Telegraph Authority under the Telegraph Act,1885 while assessing
compensation for the loss of trees and did not invite an expert body or
established a fact finding commission for real assessment of loss.
25. Other contentions on merits have also been raised.
26. I may point out that counsel for the petitioners offered no
explanation as to why :
(i) the petitioners did not enter appearance through counsel before
the District Judge to contest the claim of the respondent Nos. 1 to 3; or
(ii) filed an application under Order 9 Rule 7 CPC to set aside the
order passed by the District Judge setting them ex-parte; or
(iii) even cross-examine the witnesses adduced by the respondent
Nos. 1 to 3 in support of their claim for payment for compensation.
27. The petitioners are not rustic ignorant villagers but are a
Government company and its officers who are fully aware of the consequences
of not contesting a claim made in the proceeding filed by respondents 1 to 3 for
compensation after receipt of summons in the application filed by the
respondent Nos. 1 to 3.
28. As mentioned above, several opportunities had been given by the
District Court to them to file written objections to the claim statement made by
the respondent Nos. 1 to 3, but after receiving the summons/notices they chose
deliberately not to participate in the proceedings in the District Court or adduce
any evidence in support of their contentions raised in this Revision or cross-
examine the witnesses examined by the respondent Nos. 1 to 3 in the District
Court.
29. In the pleading in the Revision also no explanation is offered for
this shocking conduct on the part of the petitioners but several allegations
against the District Judge have been leveled by them which indicate a highly
arrogant attitude coupled with gross negligence on their part by blaming the
District Court and the respondent Nos. 1 to 3.
30. The petitioners have sought to file materials in this court for the
first time as if the present case is a Writ petition under Article 226 of the
Constitution of India without filing any material in the District court.
31. Even if this proceeding were to be an appeal under Section 96 of
the CPC still the petitioners would have had to comply with Order 41 Rule 27
CPC; and even viewed from that context, the materials now placed before the
court by the petitioners cannot be received as additional evidence to buttress
their allegations in the revision.
32. I have called for the record of the case from the District Court and
perused the same.
33. In their respective depositions, PWs 1 to 3 examined by the
respondent Nos. 1 to 3 categorically stated that their rubber plants were aged
about 10/11 years by the date they were cut and the total number of rubber
plants which were cut by the petitioners was atleast 460. According to their
pleading, the Rubber Board had assessed damage in respect of such rubber
plants of age 8-12 years @ Rs.10,000/- per plant. This is also reiterated in their
evidence which was not subjected to cross-examination by the petitioners.
34. Therefore, it is not open to the petitioners to now find fault with the
said rate adopted by the District Judge in awarding compensation to the
respondent Nos. 1 to 3 towards the loss caused to them by cutting of 460 rubber
trees by the petitioners for laying the overhead high voltage electric line.
35. However, as regards the claim of the respondent Nos. 1 to 3 that
they could have earned Rs.3,00,000/- per month if they had given the said land
on lease for commercial purpose such as construction of a commercial resort,
plantation, factory is concerned, the District Judge having noticed that the
respondent Nos. 1 to 3 did not submit any document regarding present market
value of their land in support of their claim still awarded Rs.15,000/- per month
i.e. Rs.18,00,000/- for a period of 10 years as compensation for deprival of use
of their land for commercial purpose by observing that the land had high
potential because it was situated adjacent to the National Highway.
36. In my opinion, the claim of loss of income from commercial
exploitation of the land is speculative and could not have been entertained by the
District Court while exercising jurisdiction under Section 164 of Electricity
Act,2003 read with Section 16 (3) of the Telegraph Act,1885.
37. It is settled law that in exercise of jurisdiction under Article 227 of
the Constitution of India the High Court is not vested with any unlimited
prerogative to correct all kinds of wrong decisions made within the limit of the
jurisdiction of the subordinate courts or tribunals and it can only interfere in
cases of severe dereliction of duty and flagrant violation of law or justice, where
if the High Court does not interfere, a grave injustice remains uncorrected. The
High Court cannot exercise its power as an appellate court or substitute its own
judgment in case of that of the Subordinate court to correct an error which is not
apparent on the face of the record and it cannot set aside or ignore the findings
of fact of the inferior court or tribunal normally. It can do so only if there is no
evidence at all to justify or the findings are perverse and no reasonable person
can possibly come to a conclusion which the court or tribunal had come to.
[M/S. Estralla Rubber vs Dass Estate (P) Ltd., (2001) 8 SCC 97, Garment
Craft vs Prakash Chand Goel (2022) 4 SCC 181].
38. Applying the above parameters, the award of compensation @
Rs.10,000/- per rubber plant for 460 rubber plants which have been cut by the
petitioners i.e. 46,00,000/- does not warrant interference by this court because
the petitioner had not chosen to file written objections or lead evidence or cross
examine the witnesses of the respondents 1 to 3. The District Judge had
considered the evidence adduced by the respondents 1 to 3 and has come to a
correct conclusion that Rs.46,00,000/- can be granted as compensation to
respondents 1 to 3 towards loss of damage of rubber trees.
39. But the award of Rs.15,000/- per month for 10 years, i.e.
Rs.18,00,000/- for denial of use of the respondent Nos. 1 to 3's land for
commercial purpose cannot be sustained on ground that it is outside the scope of
jurisdiction of the District Court while acting under Section 164 of Electricity
Act,2003 read with Section 16(3) of the Telegraph Act,1885.
40. Therefore, this Revision is partly allowed and the order dt.
14.02.2025 in Civil Misc. (J) 01/2022 is modified and to the extent the District
Judge had granted Rs.18,00,000/- to the respondent Nos. 3 to 5, the said portion
is set aside; but to the extent the District Judge awarded Rs.46,00,000/- for
destruction of 460 numbers of matured rubber trees on the land of the
respondent Nos. 1 to 3, the judgment is sustained along with the award of
interest @ 7.5 % from 06.04.2022 till the date of payment of compensation
money to the respondent Nos. 1 to 3.
Pending application(s), if any, also stand disposed of.
(M.S. RAMACHANDRA RAO), CJ
PULAK BANIK Digitally signed by PULAK BANIK
Date: 2026.02.03 15:47:18 +05'30'
