IMPORTANT POINT
Compensation under RFCTLARR Act is applicable only in cases of land acquisition, not for Right of Way, as clarified by the court.

JUDGMENT :

MANISH CHOUDHURY, J.

The present writ petition under Article 226 of the Constitution of India is instituted by the petitioner seeking inter-alia a direction to the respondent authorities in the Power Grid Corporation of India Limited [PGCIL], that is, the respondent nos. 3 – 5 to pay a sum of Rs. 44,92,800/- as compensation for acquisition of the petitioner’s parcel of land, indicated in Schedule-A.

2. The case projected by the petitioner, in brief, is that the petitioner became the owner of a parcel of land measuring 1 Bigha 2 Katha 17 Lessas, covered by Dag no. 321 & Dag no. 322 and Patta no. 107, situate at Village – Kachua, Mouza – Dhalpur, Narayanpur Revenue Circle, District – Lakhimpur [‘the subject-land’, for short] on purchase by way of a Registered Sale Deed dated 30.01.2019.

After purchase of the subject-land, the petitioner got his name mutated in the revenue records and the Record of Rights [Jamabandi]. Subsequent to becoming the owner of the subject-land and taking over its possession, the petitioner constructed an Assam Type dwelling house on the subject-land. The petitioner has stated that after construction of the Assam Type house, he and his family started to live in the Assam Type house.

3. The respondent PGCIL authorities started a project of ‘Installation of 400 KV D/C [Twin Lapwing] Lower Subansiri–Biswanath Chariali Transmission Line’ [‘the Project’ for short] initially, during 2009-2011. At that point of time, tower foundation works were completed but subsequent construction activities were kept on hold. It was in the year 2021, the works for the said Project were resumed. In order to assess the damages likely to be caused to the lands falling in the approved route of the Transmission Line of the Project survey was conducted by the District Administration in consultation with the respondent PGCIL authorities.

4. The subject-land of the petitioner was found to have fallen in the approved route of the Transmission Line of the Project under reference. On the basis of the assessments made during the survey on the subject-land, the respondent authorities had arrived at an amount of Rs. 1,51,441.50 towards compensation towards diminution of value, which amounted to 15% of the land value of the subject-land, for the Right of Way [RoW] corridor of 46 meters, that is, 23 meters either side from the center line. According to the respondent PGCIL authorities, the said amount was arrived at on the basis of the Circle Rate provided by the jurisdictional District Commissioner, Lakhimpur as diminution value of the subject-land due to erection of the Transmission Line of the Project in question. At the same time, the petitioner was disbursed a sum of Rs. 1,02,230/- towards compensation for Zirat on the subject-land. In addition, an amount of Rs. 21,95,627/- has been disbursed to petitioner towards the value of the Assam Type house which the petitioner stated to have constructed on the subject-land.

5. I have heard Mr. M.A. Sheikh, learned counsel for the petitioner; Ms. M.Barman, learned Junior Government Advocate, Assam for the respondent nos. 2 & 6; and Mr. N.C. Das, learned Senior Counsel assisted by Ms. J. Baishya, learned counsel for the respondent nos. 3, 4 & 5.

6. Mr. Sheikh, learned counsel for the petitioner has submitted that due to stringing of the 400 KV D/C Transmission Line over the subject-land, damages have been caused to the entire subject-land. Assessment was made by taking a rate per Bigha @ Rs. 7,00,000/-. But, the Zonal Valuation / Circle Rate in respect of land like the subject-land, at the relevant time, was much higher in view of its strategic location. Mr. Sheikh, by referring to an Order dated 19.10.2021 passed by the Deputy Commissioner, Lakhimpur under Memo no. LRA.2/2017/218, has strenuously contended that the said Order was passed pursuant to a resolution adopted by the Sub-Divisional Land Advisory Committee [SDLAC] that the compensatio