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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni krishnan Nair, J.
Pratibha Basumatary W/O- Late Babu Ram Basumatary And Ors. – Petitioners
Versus
The Union Of India, Rep. By The Secretary To The Govt Of India, Deptt Of Power, Shram Shakti Bhawan, Rafi Mark, New Delhi And Ors. – Respondents
WP(C)/6272/2018
Decided On : 14-08-2024
COMPENSATION - LAND ACQUISITION - The Court addressed the issue of compensation for damages to fisheries caused by the construction of high voltage transmission lines, interpreting Section 164 of the Electricity Act, 2003 and Section 16(3) of the Indian Telegraph Act, 1885. The Court directed the petitioners to seek compensation through the District Judge, emphasizing the legal framework for addressing disputes over compensation for land use and damages.
Fact of the Case:
The petitioners filed a writ petition seeking compensation for damages to their fisheries due to the construction of towers and high voltage transmission lines, claiming inadequate compensation for land acquisition.
Finding of the Court:
The Court recognized the applicability of the Indian Telegraph Act, 1885, as incorporated by the Electricity Act, 2003, and noted that the petitioners should pursue their compensation claims through the appropriate legal channels.
Issues: Whether the petitioners are entitled to compensation for damages to their fisheries resulting from the construction of high voltage transmission lines and the adequacy of the compensation received for land acquisition.
Ratio Decidendi: The Court held that disputes regarding compensation for damages can be adjudicated by the District Judge under Section 16(3) of the Indian Telegraph Act, 1885, thereby providing a legal remedy for the petitioners.
Result: The writ petition was disposed of with directions for the petitioners to file an application for compensation with the District Judge within 45 days, who shall adjudicate the matter according to the law.
JUDGMENT :
N. Unni krishnan Nair, J.
Heard Mr. S. A. Ahmed, the learned counsel appearing on behalf of all the petitioners. Also heard Ms. A. Gayan, the learned CGC appearing on behalf of Union of India and Mr. S. R. Baruah, the learned Government Advocate appearing on behalf of the State respondents; Ms. K. Phukan, the learned Standing counsel appearing on behalf of the AEGCL as well as its Officials; Mr. G. N. Sahewalla, the learned Standing counsel appearing on behalf of the Power Grid Corporation.
2. The Petitioners, herein, in the writ petition are aggrieved by the damages that occurred in their fisheries due to the construction of Towers and High Voltage Transmission Lines,as well as also for the adequate compensation in respect to the right of the use of the land which was acquired by the Respondent Authorities.
3. It is the case of the Petitioners that some of the Petitioners have received certain amount on account of the value of the land but there is no compensation paid on account of the said damages occurred in their fisheries due to the construction of Towers and High Voltage Transmission Lines.
4. 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.
5. 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.
6. With above observations and directions, the writ petition stands disposed of.
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 addre....
Writ petitioners must substantiate claims of inadequate compensation and approach the appropriate jurisdiction for disputes related to compensation under the Indian Telegraph Act.
The sufficiency of compensation for damages caused to land under the Indian Telegraph Act, 1885 is to be determined in accordance with Section 10(d) and Section 16(3) of the Act, and the aggrieved pa....
The authority's compliance with the provisions of the Indian Telegraph Act, 1885 and the sufficiency of compensation were central legal points established in the judgment.
Compensation claims under the Indian Telegraph Act must be filed within three years of the cause of action, with failure to adhere resulting in dismissal due to limitation.
Transmission lines render 50ft surrounding land unutilizable; compensation must account for agricultural impact under Telegraph Act.
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