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MARLI VANKUNG
Techi Hemu – Appellant
Versus
Chief Secretary – Respondent
JUDGMENT :
MARLI VANKUNG, J.
Heard Mr. A. Kashyap, learned counsel for the petitioners. I have also heard Mr. N. Ratan, learned Addl. Advocate General for the State respondents along with Mr. NH Khera, learned counsel for respondent No. 6 i.e., the Power Grid Corporation and Mr. D. Kamduk, learned Standing counsel for Land Management Department as well as Mr. L Perne, learned Standing counsel for the Power Department in WP(AP) 32 of 2024 & WP(AP) 78 of 2024. This court finds that both the writ petitions being analogous to each other can be heard and disposed of by a common judgment.
2 . Both the writ petitions are filed for setting aside the notification/policy st dated 31 August, 2023 issued by the Commissioner, Department of Power, Government of Arunachal Pradesh, which is the “Special Ex- Gratia Relief Package towards Right of Way for 132 KV Transmission Lines passing through Reserved Forests under the Comprehensive Scheme for Strengthening of Transmission and Distribution System in Arunachal Pradesh Policy", wherein para 2(a) of the notification provided that “For the tribal population as identified in Paragraph 3 of this Policy, who are not en
The court upheld the validity of a notification providing ex-gratia compensation to tribal populations affected by transmission lines, recognizing their rights under the Forest Rights Act while clari....
The court affirmed that petitioners retain ownership of land despite a lapsed preliminary notification for reserve forest, entitling them to compensation under the Indian Telegraph and Electricity Ac....
Compensation under RFCTLARR Act is applicable only in cases of land acquisition, not for Right of Way, as clarified by the court.
10(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other ....
The court upheld the validity of the District Magistrate's order permitting the laying of a transmission line, affirming that adequate notice and opportunity were provided to affected farmers, thus a....
The application of the Right to Fair Compensation Act was misapplied, requiring proper procedures under the Electricity Act for determining compensation on non-agricultural land, maintaining statutor....
The authority of the respondent to shift transmission towers under the Electricity Act and the entitlement of aggrieved parties to compensation under the Indian Telegraph Act.
Compensation for land and trees affected by electric lines must reflect credible evidence of property value and loss of use, adhering to established legal guidelines.
High Court in its discretionary and extraordinary jurisdiction under Article 226 of Constitution of India does not generally enter upon a determination of questions which demand an elaborate examinat....
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