IMPORTANT POINT
The court established that under the Indian Telegraph Act, 1885, compensation for land damage must be based on surface damage rather than land value diminution.

JUDGMENT :

Heard Ms. M. Hazarika, the learned Senior Counsel assisted by S. Khound, the learned counsel appearing on behalf of the Petitioner and Ms. S. Baruah, the learned Government Advocate appearing on behalf of the Respondent State.

2. It further appears from the order passed by the Lawazima Court dated 05.09.2024 that the service upon the Respondent No. 2 is complete.

3. The present writ petition has been filed challenging the judgment dated 22.11.2017 passed in Misc. (P.G.) Case No. 46/2015 by the District Judge, Hailakandi, whereby it was held that the petitioner was paid adequate compensation for the damage of trees mentioned and there was no need for enhancement. However, as regards the diminution of land value, the Court below awarded an amount of Rs.15,000/- as compensation for diminution of the land value and directed that the petitioner to pay the enhanced compensation of Rs.32,700/- to the Respondent No.2 within a period of 6 (six) months, failing which interest @ 8% per annum would be accrued on the same from the date of the said judgment till full payment.

4. This Court vide an order dated 11.06.2018 had issued notice and had stayed the impugned judgment and order dated 22.11.2017 passed in Misc. (P.G.) Case No. 46/2015 by the District Judge, Hailakandi.

5. Ms. M. Hazarika, learned Senior Counsel for the petitioner submits that the issue stands settled by a judgment of the Coordinate Bench of this Court dated 10.02.2020 passed In W.P.(C) No.668/2019 (North Eastern Transmission Company Limited Vs. The State of Assam & Ors.) and she draws the attention of this Court to the findings arrived therein that diminution of the land value is not a relevant factor to be taken into consideration as compensation. On the basis thereof, the learned Senior Counsel submitted that in a similarly situated case, this Court vide the said judgment and order dated 10/02/2020 had set aside similar order where compensation on the basis of diminution of land value was awarded. The relevant portion of the judgment and order dated 10/02/2020 passed by the Coordinate Bench of this Court to which the learned Senior Counsel refers to is quoted herein below :-

“I have given due consideration to the submissions of the learned counsel. As per the Central Government direction issued by the Ministry of Power in the year 2015 any persons affected by such erection of tower and drawal of transmission line are entitled for the surface damage in respect of the land for the Right of Way(RoW) permitted under the Indian Telegraph Act, 1885 to the licensee and also in respect of the land covered by the tower base. While assessing the surface damage, the value of the land is not considered rather the produce thereof are normally considered. Accordingly, as the licensee is entitled for the right of way (RoW), the owner of any land over which the said transmission line passed, permitting the Right of Way (RoW) to licensee is entitlement for the surface damages caused at the time of erection of the transmission line and for the routine maintenance of the transmission line, But, the learned Court below considered the diminution of land value which is not a relevant factor.

In my considered opinion keeping in view the ambit of scope of Telegraph Act, 1885, and the provisions therein interference of the said impugned order dated 26/09/2018 of the Court below is required which accordingly, I do thereby setting aside the same.”

6. A perusal of the above quoted portion of the judgment of this Court would show that this Court had taken into consideration the Central Government’s circular issued by the Ministry of Power in the year 2015 whereby any person affected by such erection of tower and drawal of transmission line was held to be entitled for surface damage in respect of the land for the Right of way (RoW) permitted under the Indian Telegraph Act, 1885 to the licensee and also in respect to the land covered by the tower base. It was further noted that while assessin