ORDER

10.02.2020 Heard Ms. M. Hazarika, the learned Senior Counsel assisted by Mr. D. Khan the learned counsel for the petitioner. Mr. G. Pegu, the learned Government Advocate, Assam is present on behalf of the respondent Nos. 1 and 2. The private respondent No. 2 is not represented by any counsel though notice was served duly.

The petitioner, North East Transmission Company Limited (NETC) is the transmission agency under the Electricity Act, 2003 for evacuation of the power from 726.6 MW Gas Based Combined Cycle Power Project (GBCCPP) of ONGC Tripura Power Company (OTPC) at Palatana, Tripura. For evacuation of the said electrical power, a 400 KV D/C Churaibari – Silchar – Kheliehriat (Assam Border) Section of Pallantana (Tripura) – Bongaigaon Transmission Line, Tower No. 232A/0-233/0 was erected and the transmission line while stringing through the said tower, a portion of it had to pass over the land of private respondents which falls under the Hailakandi District. The respondent No. 2 was paid an amount of Rs. 51,600.00/-(Rupees Fifty One Thousand and Six Hundred Only) as compensation in respect of surface damages like loss of trees and plant etc. The said amount was received by the respondent No. 2 without any protest and later on the respondent No. 2 filed an application U/S 10 and 16 of the Indian Telegraph Act, 1885 read with Section 23 of the Land Acquisition Act, 1894 seeking for enhancement of the compensation for surface damage and compensation for diminution of land and utility values due to stringing and drawal of the transmission line. The said application was registered as Misc (P.G.) Case No. 40/2015 in the court of learned District Judge, Hailakandi and the same was disposed of vide impugned judgment dated 15.09.2018. While disposing of the said petition, the learned Court below held as follows:-

“9. The record reveals that the petitioner was paid adequate compensation for the damage of trees and crops as mentioned above and there is no need of any enhancement.

10. So far as the diminution of land value is concerned, the conscience says that due to stringing of high voltage power line over the land of the petitioner, its value would certainly be diminished. Considering all aspects, an amount of Rs. 8,000/- is awarded to the petitioner towards compensation for diminution of land value.

11. The case is partly allowed with direction that the opposite party No. 1, the Manager, North Easter Transmission Company Ltd. shall pay the enhance compensation of Rs. 8,000/- (rupees eight thousand) only to the petitioner within a period of 3 (three) months failing which, interest @ 8% per annum would be accrued on the same from the date of this judgment till full payment.

12. The Misc P.G. case is disposed of accordingly.

Given under my hand and seal of this court on this the 15th day of September, 2018 at Hailakandi.”

In the present case an amount of Rs. 8,000/- (rupees eight thousand) only was granted to the respondent No. 2 as the diminution of land value with a direction to disburse the said amount within a period of 3 (three) months failing which, interest @ 8% per annum would be accrued.

Ms. Hazarika, the learned Senior Counsel for the petitioner submits that the intent and purpose of Section 10 and 16 of the Indian Telegraph Act, 1885 is only to resolve the dispute arising out of compensation for surface damage that may be caused due to the entry over the land by the licensee for erection of Transmission Line for evacuation of power by the licensee under the provision of the Electricity Act, 2003. The land through which the said transmission line passes cannot be acquired inasmuch as the right of use and the ownership remains with the owner. Accordingly, the court below was wrong in holding and passing the said award.

Mr. Pegu, on his submission stated that in the event, if there is any dispute while the assessment is made by the district administration, either of the parties of this writ petition are entitled to raise the dis