The right to apply for compensation sufficiency under Section 16 of the Telegraph Act arises only when a dispute exists, and acceptance of compensation does not bar further claims.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. NC Das, the learned senior counsel, assisted by Ms. M Devi, the learned counsel appearing on behalf of the petitioner. Mr. K Bhattacharjee, the learned Government Advocate, Assam appears on behalf of the State respondents and Mr. RA Choudhury, the learned counsel appears on behalf of the claimants/private respondents in the instant batch of proceedings except the claimants in CRP No.95/2023. Taking into consideration, the order which this Court proposes to pass, the appearance of the claimants in CRP No.95/2023 are dispensed with.

2. Taking into account the grounds on which the present applications are filed invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution, this Court takes up all these applications together for disposal by this common judgment and order. For the sake of clarity, this Court would give a brief detail of the challenge made in the instant batch of applications.

3. CRP No.68/2023

In the instant application, the petitioner herein had assailed the order passed on 19.09.2022 in Misc. (P.G) Case No.42/2016, whereby an amount of Rs.3,14,470/- along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Telegraph Act, 1885 (for short, the Act of 1885). It was further observed that the amount already paid shall be deducted from the total amount payable to the claimants.

4. CRP No.61/2023

In the instant application, the petitioner herein had assailed the order passed on 12.08.2022 in Misc. (P.G) Case No.06/2016, whereby an amount of Rs.10,94,169/- along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Act of 1885. It was further observed that the amount already paid shall be deducted from the total amount payable to the claimants.

5. CRP No.62/2023

In the instant application, the petitioner herein had assailed the order passed on 12.08.2022 in Misc. (P.G) Case No.26/2016, whereby an amount of Rs.9,90,199.86p along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Act of 1885. It was further observed that the amount already paid shall be deducted from the total amount payable to the claimants.

6. CRP No.63/2023

In the instant application, the petitioner herein had assailed the order passed on 12.08.2022 in Misc. (P.G) Case No.12/2016, whereby an amount of Rs.1,61,200/- along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Act of 1885. It was further observed that the amount already paid shall be deducted from the total amount payable to the claimants.

7. CRP No.64/2023

In the instant application, the petitioner herein had assailed the order passed on 12.08.2022 in Misc. (P.G) Case No.40/2016, whereby an amount of Rs.9,47,268.58p along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Act of 1885. It was further observed that the amount already paid shall be deducted from the total amount payable to the claimants.

8. CRP No.65/2023

In the instant application, the petitioner herein had assailed the order passed on 12.08.2022 in Misc. (P.G) Case No.59/2015, whereby an amount of Rs.2,72,400/- along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Act of 1885. It was further observed that the amount already paid shall be deducted from the total amount payable to the claimants.

9. CRP No.69/2023

In the instant application, the petitioner herein had assailed the order passed on 18.08.2022 in Misc. (P.G) Case No.24/2016, whereby an amount of Rs.8,83,130/- along with interest @ 6% per annum from the date of filing of the petition was awarded as compensation under Section 16 of the Act of 1885. It was further observed that the amount already paid shall