JUDGMENT :

Suman Shyam, J.

Heard Mr. D. K. Mishra, learned senior counsel assisted by Mr. S. K. Kejriwal, learned counsel appearing for the writ petitioner in WP(C) No.3249/2019 and Mr. J. I. Barbhuiya, learned counsel appearing for the writ petitioner in WP(C) No.3468/2019. I have also heard Mr. B. D. Das, learned senior counsel assisted by Mr. H. K. Sharma, learned Standing Counsel, appearing for the APDCL authorities as well as Mr. K. D. Sharma, learned Standing Counsel appearing for the AEGCL authorities. Ms. R. B. Borah, learned Govt. Advocate, Assam, has appeared for the State respondents.

2. Common questions of law and facts are involved in both these writ petitions and therefore, I propose to dispose of the same by this common judgment and order.

3. The writ petitioners are aggrieved by the choice of location of Tower No.19 set up by the respondent authorities for construction and installation of the high voltage overhead transmission line sought to be erected by the respondent authorities. The Tower No.19 has been located over the private patta land of the writ petitioner in WP(C) No.3249/2019 whereas, the petitioner in WP(C) No.3468/2019 is aggrieved by the fact that the overhead transmission line is being constructed over the land of the petitioner without obtaining his prior consent. For the purpose of appreciating the contentious issues involved in these proceedings, the facts involved in WP(C) No.3249/2019 are briefly referred to herein below for ready reference.

4. The writ petitioner in WP(C) No.3249/2019 had purchased a plot of land measuring 3 bighas covered by Dag No.352 of K.P. Patta No.113 situated at revenue village- Santala under Chayani Mouza at Guwahati in the district of Kamrup, Assam. The aforesaid plot of land was purchased by the writ petitioner in the year 2006 for undertaking industrial activities. The Assam Electricity Grid Corporation Limited (for short 'AEGCL') is a transmission licensee within the meaning of Section 14 of the Electricity Act, 2003. The AEGCL had prepared a Detailed Project Report (DPR) for construction of a 132 KV Single Circuit Transmission Line on double circuit tower from the proposed 400 KV Kukurmara (Mirza Maliata) Sub-Station to 132 KV Azara Sub-Station, Borjhar. As per Section 68 of the Electricity Act, 2003, construction of overhead lines exceeding 11 KVs has to be carried out with the prior approval of the appropriate Government. Accordingly, the District Magistrate, Kamrup, Amingaon had issued order dated 28.06.2013 granting "right of way" for construction of the aforesaid overhead line based on an application made by the respondents. Thereafter, the construction work had started and the respondents had chosen the land of the writ petitioner for erecting Tower No.19. Aggrieved by the said decision of the respondents, the writ petitioner had earlier approached this Court by filing writ petition bearing WP(C) No.8773/2018 seeking a direction from this Court restraining the respondents from erecting the transmission tower over his patta land. The plea of the writ petitioner was that location of Tower No.19 fell in between Tower Nos.18 and 20 in an angular fashion and if the said three towers were aligned in a straight line, then Tower No.19 would fall in the adjacent Government land instead of the land belonging to the writ petitioner. Alleging that the decision to erect Tower No.19 upon the land of the petitioner was not only in deviation of the original DPR but the decision had been taken only to accommodate persons having vested interest in the matter, the writ petitioner had approached this Court by filing the aforementioned writ petition seeking a writ of mandamus for shifting the Tower No.19.

5. Taking note of the grievance expressed by the petitioner, this Court had passed order dated 20.02.2019 in I.A.(Civil) No.123/2019 arising out of WP(C) No.8773/2018 appointing a three member Technical Committee consisting of the Chief Electrical Inspector, Assam, Sub-Divisional