ORDER

Date : 16-03-2022 Heard Mr. S.P. Roy, learned counsel for the petitioners; Ms. S. Sarma, learned Junior Government Advocate, Assam for the respondent no. 1; Mr. T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Bhattacharjee, learned Standing Counsel, Assam Electricity Grid Corporation Limited [AEGCL] for the respondent no. 2; and Mr. N.C. Das, learned Senior Counsel assisted by Ms. M. Bora, learned counsel for the respondent no. 3.

2. The 4 [four] petitioners have joined together in this writ petition to challenge a notice- cum-compensation certificate for land issued by the authority under the respondent no. 2. The said notice-cum-compensation certificate for land dated 28.12.2021 is shown to have been issued in exercise of powers vested under the provisions of Section 68 and Section 164 of the Electricity Act, 2003 read with Part III of Indian Telegraph Act, 1885 read with the Central Electricity Authority [Measures relating to Safety and Electric Supply] Regulation, 2010 whereby the notice has given to the noticee to the effect that the 220 KV Rangia – Amingaon Transmission Line would go through the property of the noticee, as mentioned therein. The notice has further mentioned that the compensation for land actually damaged would be paid to the noticee as assessed by the Circle Office/Revenue Department or any other competent authority specified by the appropriate Government in that behalf and in accordance the notification no. PEL-2019/2015/91 dated 10.03.2017 of with the Government of Assam. The name of the noticee mentioned in the said notice is one Sri Amulya Das. The property mentioned in the said notice is an area of land measuring 42.289 sq. metres and the status of the said land has been mentioned as paddy field.

3. Mr. Roy, learned counsel for the petitioner has submitted that the area of land in respect of which the notice dated 28.12.2021 has been issued belongs to one of the petitioners and as such, it is the rightful claimant in respect of the notice-cum-compensation certificate for land dated 28.12.2021. Seeking setting aside of the said notice-cum-

compensation certificate for land dated 28.12.2021, the writ petition has been preferred.

4. Though the 4 [four] writ petitioners have joined together in this writ petition purportedly espousing a common cause of action, but from the averments made in paragraph no. 6, it transpires that it is the petitioner no. 3 who had stated to have purchased a plot of land measuring 1 bigha 3 kathas 10 lessas [01B-03K-10L], covered by K.P. Patta no. 80 and Dag no. 339, located in Village–Kekenikuchi, Mouza–Pub-Borigog from one Shri Amulya Das and his brother Shri Dwijen Das and the said plot of land after purchase, has been mutated in the name of the petitioner no. 3.

5. Mr. Mahanta, learned Senior Counsel for the respondent no. 2 has submitted that the respondent no. 2 has exercised the Right of Way under the provisions of the Electricity Act, 2003 read with the Indian Telegraph Act, 1885 and no part of the plot of land mentioned in the said notice would be acquired and the damages sustained in respect of the said plot of land measuring 42.289 sq. metres due to stringing of the 220 KV Rangia–Amingaon Transmission Line would be assessed and thereafter, would be paid to the person interested in the said plot of land.

6. Section 164 of the Electricity Act, 2003 has, inter-alia, provided that the appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity, confer upon any public officer, licensee or any other person engaged in the business of electricity under the Electricity Act, 2003, subject to such conditions and restrictions, if any, as the appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885 with respect to the placing of telegraph lines and post