IMPORTANT POINT
The Court established that landowners have the right to seek compensation for land acquired under the Electricity Act and the Indian Telegraph Act, and disputes regarding compensation should be addressed by the District Judge.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. S. A. Ahmed, the learned counsel appearing on behalf of all the applicants. Also heard Ms. A. Gayan, the learned CGC appearing on behalf of the respondent no. 1 and Ms. M. Bordoloi, learned Government Advocate appearing on behalf of the respondent no. 2; Ms. K. Phukan, the learned Standing counsel appearing on behalf of the respondents no. 3 & 4; Mr. U. Das, learned counsel for the respondents no. 5 & 6 as well as Mr. G. N. Sahewalla, the learned Standing counsel appearing on behalf of the Power Grid Corporation, respondent no. 7.

2. In terms of the order passed today in IA(C)/2431/2024, the Power Grid Corporation of India Limited is impleaded as respondent no. 7 in the present proceeding and is represented by Mr. G. N. Sahewalla, learned Senior Counsel.

3. Registry is directed to make necessary corrections in the Cause-title of the present proceeding, incorporating therein, the Power Grid Corporation of India Limited, as respondent no. 7.

4. As consented to by the learned counsels appearing for the parties, the present proceeding is taken up for final consideration and disposal.

5. The petitioners, in the present proceeding are aggrieved by the acquisition of their respective lands for erection of Towers and High Voltage Transmission Lines by the Power Grid Corporation of India Limited, without paying any compensation to the petitioners, including Zirat.

6. It is the case of the petitioners that they were not paid any compensation for the land so utilized for erection of the Towers and further, no compensation was paid on account of the damages occassioning to the crops and other structures so standing on their lands due to the construction of Towers and High Voltage Transmission Lines.

7. This Court duly takes note of that by virtue of Section 164 of the Electricity Act, 2003; the provisions of the Indian Telegraph Act, 1885 have been made applicable in the matter of construction of overhead line by the licensee. Section 10 of the Indian Telegraph Act, 1885 deals with the powers of the authority to place and maintain telegraph lines and posts. Section 16(3) of the Indian Telegraph Act, 1885 provides that in case of any dispute as regards the sufficiency of the compensation, an application may be made before the District Judge within whose jurisdiction the property is situated.

8. Taking into account that the petitioners, herein, are aggrieved on account of non-payment of compensation, the petitioners, would be well advised to approach the learned District Judge, Baksa in terms with Section 16 of the Indian Telegraph Act, 1885. In the circumstance, the said application is filed by the petitioners within a period of 45(forty five) days from today, the learned District Judge, Baksa shall proceed with the adjudication of the said proceedings in accordance with the applicable provisions of law.

9. With above observations and directions, the writ petition stands disposed of.