Point of Law : Section 14 of the Limitation Act is wide in its application, inasmuch as it is not confined in its applicability only to cases of defect of jurisdiction but it is applicable also to cases where the prior proceedings have failed on account of other causes of like nature.

JUDGMENT :

MANISH CHOUDHURY, J.

1. Heard Mr. J.I. Barbhuiya, learned counsel for the petitioner; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 1, 5 and 6 and Mr. T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Bhattacharjee, learned Standing Counsel, Assam Electricity Grid Corporation Limited (AEGCL) for the respondent nos. 2, 3 and 4.

2. The petitioner has approached this Court by this writ petition filed under Article 226 of the Constitution of India seeking inter-alia directions in the nature of mandamus to the respondent authorities to pay an amount of Rs. 30,07,200/- to the petitioner towards Zirat compensation in respect of 160 nos. of teak trees at their current value and also to pay the current market value of the plot of land which the petitioner has claimed to have belonged to him, due to installation of a 132 K.V. Power Grid line over the said land of the petitioner.

3. The case projected on behalf of the petitioner in this writ petition is, in brief, that his father, Late Joygobinda Barman came into possession of two plots of land measuring 7 Bighas together -28768 square feet in one part and 5518 square feet in the other part-under Gobardhana Grant pursuant to a deed dated 29.10.1970 with certain terms and conditions. The name of the father of the petitioner entered into Raiyat Kacha Khatian on 28.12.1976. Since then, the plots of land were under the possession of the petitioner’s father till his death in the year 1979. The plots of land were developed during the lifetime of the petitioner’s father. After the death of his father, the petitioner came into possession of the plots of land and the petitioner had planted a large nos. of trees within the plots of land. On 16.10.1986, the petitioner donated 2 Bighas of land (approx.), covered by Dag No. 402, from within the said plots of land for Gobordan Primary School. The petitioner has been in possession of the remaining part of the plots of land measuring 5 Bighas 1 Katha 5 Lessas (05B-01K-05L), covered by Dag Nos. 371 and 402 (hereinafter referred as ‘the subject-plot’ for easy reference), by constructing his dwelling houses thereon.

4. The further case of the petitioner is that in the year 2016, a joint team consisting of personnel from respondent AEGCL and personnel from the office of the Circle Officer, Chandrapur Revenue Circle started survey over the subject-land for installation of 132 KV D/C Sonapur - Chandrapur Transmission Line under the Asian Development Bank (ADB) scheme. The petitioner has claimed that he had 160 nos. of teak trees on the subject-land. He accordingly submitted a representation before the respondent no. 4 for issuance of a certificate before cutting down those 160 nos. of teak trees planted on the subject-land under his possession. On 26.12.2017, the respondent no. 4 issued a certificate certifying that zirat compensation would be paid for all kind of surface damage that might occur during stringing of 132 KV Sonapur - Chandrapur Transmission Line constructed as the Right of Way (RoW) permission in that regard had been granted by the District Magistrate, Kamrup (Metro). It was further certified that the rates for the trees would be given as per the rates of the Agriculture Department, Govt. of Assam and for the houses as per the Public Works Department, Assam (APWD) schedule rates of 2013-2014.

5. It was on 05.07.2018, the respondent authorities in the AEGCL paid an amount of Rs. 3,84,000/- toward zirat compensation to the petitioner. The petitioner has contended that he refused to accept the said amount but the respondent authorities had compelled him to accept the said amount. Aggrieved by the amount of compensation, which according to the petitioner is inadequate, he stated to have submitted a representation before the respondent no. 6 i.e. the Circle Officer, Chandrapur Revenue Circle on 30.05.2018 seeking assessment of the market values for 160 nos. of teak trees and compensation for damages ca