For transmission lines erected under Section 164 of the Electricity Act, 2003, the provisions of Part-III of the Indian Telegraph Act, 1885 (including Section 16(3) for compensation disputes) continue to apply despite the repeal of the 1885 Act by the Telecommunications Act, 2023.

Hiranmay Bhattacharyya , J. :

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner claims to be the owner of plots of land being Dag Nos.225, 200 and 224 along with other adjoining plots at Mouza-Barodhemo, J.L. No.5 under Police Station-Asansol (South) in the District of Paschim Bardhaman.

3. Petitioner alleges that the authorities of the West Bengal State Electricity Transmission Company Limited (for short “WBSETCL”) has utilised the portion of the said property for the purpose of erection of the tower and have also caused severe damage to the property of the petitioner. Petitioner alleges that no compensation has yet been paid to the petitioner.

4. Mr. Banerjee, learned advocate appearing for the petitioner submits that while carrying out the work of erection of towers and laying down of transmission lines WBSETCL did not comply with the provisions laid down under Section 12 of the Telecommunications Act, 2023 (for short “2023 Act”). Mr. Banerjee submits that the authorities of the WBSETCL did not seek the right of way for telecommunication network across the aforesaid property of the petitioner as mandated under sub-section (1) of Section 12 of the 2023 Act.

5. Mr. Panja, learned advocate representing the WBSETCL submits that the said authority exercises its powers under the Indian Telegraph Act, 1885 (for short “1885 Act”) for the purpose of carrying out the work relating to placing of electric lines or electric plant for the transmission of electricity in the light of the provisions contained in Section 164 of the Electricity Act, 2003 (for short “2003 Act”). He submits that the provisions of the 2023 Act shall not apply to cases pertaining to laying down of transmission lines under Section 164 of the 2003 Act in view of the saving clause under sub-section (3) of Section 60 of the 2023 Act. Mr. Panja submits that the petitioner was requested to attend the office of the concerned authority for the purpose of accepting the amount on account of crop compensation but the petitioner has failed to attend the office of the concerned authority.

6. In reply, Mr. Banerjee, learned advocate appearing for the petitioner submits that the petitioner is not satisfied with the amount determined on account of compensation.

7. Heard the learned advocates for the respective parties and perused the material placed.

8. Record reveals that the petitioner was requested to allow construction of 220 KV transmission towers on certain plots within Mouza-Borodhemo by a letter dated June 6, 2024. It is not in dispute that the work of construction has already been completed in the meantime.

9. Record further reveals that the petitioner was requested by a memo dated March 25, 2025 to collect the crop compensation amount which has been finalized for the damage during the tower construction work on the land of the petitioner.

10. Mr. Banerjee, learned advocate appearing for the petitioner would contend that since the petitioner is not satisfied with the determination of the compensation amount, the amount has not been accepted by the petitioner.

11. Section 164 of the 2003 Act states that the Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for