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GAHC010282112018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 88/2019
1:HAZIPARA GIRL L.P.SCHOOL AND 2 ORS.
REP. BY ITS PRESIDENT, MR. AYNAL HOQUE.
2: THE SCHOOL MANAGEMENT COMMITTEE OF HAZIPARA GIRLS L.P.
SCHOOL REP. BY ITS PRESIDENT.
3: AYNAL HOQUE S/O JOYNAL ABEDIN R/O VILL- HAZIPARA P.O. NAYER ALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN - 78334 VERSUS
1:THE STATE OF ASSAM AND 11 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, EDUCATION, ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATIION ASSAM KAHILIPARA GUWAHATI-19.
3:THE DEPUTY COMMISSIONER DHUBRI ASSAM P.O. DHUBRI DIST. DHUBRI ASSAM PIN - 783301.
4:THE SUB-DIVISIONAL OFFICER (CIVIL)
BILASIPARA P.O. BILASIPARA DIST. DHUBRI ASSAM PIN - 783348
5:THE ASSAM POWER AND DISTRIBUTION COMPANY LTD.
REP. BY THE CHAIRMAN ELECTRICITY BOARD BIJULI BHAVAN PALTON BAZAR GUWAHATI-8.
6:THE CHIEN ENGINEER (DISTRIBUTION)
PALTAN BAZAR GUWAHATI -8.
7:THE SUPERINTENDENT ENGINEER APDCL DHUBRI DIST. DHUBRI ASSAM PIN - 783301
8:THE SUB-DIVISIONAL ENGINEER BILASIPARA ELECTRICAL SUB-DIVISION APDCL BILASIPARA DIST. DHUBRI ASSAM P.O. BILASIPARA PIN- 783348.
9:THE ASSISTANT SETTLEMENT OFFICER AND REVENUE CIRCLE OFFICER BILASIPARA P.O. BILASIPARA DIST. DHUBRI ASSAM PIN - 783348
10:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM, PIN - 783301.
11:THE DEPUTY INSPECTOR OF SCHOOLS BILASIPARA P.O. BILASIPARA DIST. DHUBRI ASSAM PIN - 783348
12:THE SUB-INSPECTOR OF SCHOOLS BILASIPARA P.O. BILASIPARA AND DIST. DHUBRI ASSAM PIN - 78334 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : SC, APDCL Linked Case : WP(C) 5162/2018 1:JAHIR UDDIN AND 11 ORS.
S/O. LT. KURBAN ALI SARKAR VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
2: DELBAR HUSSAIN S/O. ABUL HUSSAIN VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
3: NUR ISLAM S/O. SIRAJUL HOQUE VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM, PIN 783348.
4: A. SALAM MONDAL S/O. ABDUL GAFUR VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
5: SAHAJAHAN ALI S/O. ABDUL MALEK VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
6: REZAUL KARIM S/O. FAZLUR RAHMAN VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
7: ROFIQUL ISLAM S/O. EDUCHAN SHEIKH VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
8: SHAHIDUL ISLAM S/O. NOZRUL ISLAM VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
9: JOYNAL ABEDIN S/O. JOM JOMA SHEIKH VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
10: OMAR ALI S/O. ABDUL MOZID VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
11: A. SAMAD S/O. ABDUL SOBAHAN VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
12: JOHIRUL ISLAM S/O. JAMAL UDDIN VILL.- NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
VERSUS
1:THE STATE OF ASSAM AND 11 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT.
DISPUR GHY-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.
3:THE DEPUTY COMMISSIONER DHUBRI ASSAM P.O. AND P.S. AND DIST. DHUBRI ASSAM PIN 783301.
4:THE SUB-DIVISIONAL OFFICER (C)
BILASIPARA P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
5:THE ASSAM POWER AND DISTRIBUTION COMPANY LTD.
REP. BY THE CHAIRMAN ELECTRICITY BOARD BIJULI BHAWAN PALTAN BAZAR GUWAHATI-8.
6:THE CHIEF ENGINEER (DISTRIBUTION)
BIJULI BHAWAN PALTAN BAZAR GHY-8.
7:THE SUPERINTENDING ENGINEER APDCL DHUBRI DISTRICT DHUBRI ASSAM. PIN- 783301.
8:THE SUB-DIVISIONAL ENGINEER BILASIPARA ELECTRICITY SUB-DIVISION APDCL DIST. DHUBRI ASSAM PIN 783348.
9:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. AND P.S. AND DIST. DHUBRI ASSAM. PIN 783301.
10:THE BLOCK ELEMENTARY EDUCATION OFFICER BILASIPARA P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM, PIN 783348
11:THE ASSISTANT SETTLEMENT OFFICER BILASIPARA REVENUE CIRCLE P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
12:JAHANARA BEGUM HEAD TEACHER HAZIPARA GIRLS L.P. SCHOOL VILL. NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN 783348.
13:HAZIPARA GIRL'S L.P. SCHOOL REPRESENTED BY PRESIDENT SCHOOL MANAGEMENT COMMITTEE VILLAGE NAYERALGA PART-III (HAZIPARA)
P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348.
Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : SC ELEM. EDU BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 12-02-2019 This order will dispose of both WP(C) Nos.88/2019 and 5162/2018.
2. Heard Mr. M.A. Sheikh, learned counsel for the petitioners in WP(C) No.88/2019 and Mr. M. Hussain, learned counsel for the petitioners in WP(C) No.5162/2018. Also heard Mr. B.D. Das, learned Senior counsel, assisted by Mr. H.K. Sharma, learned counsel for Assam Power Distribution Company Limited (APDCL); Mr. S.P. Bhattacharjee, learned Standing Counsel, Elementary Education Department, Govt. of Assam; and Mr. R. Dhar, learned Govt. Advocate, Assam.
2. Petitioners in WP(C) No.5162/2018 are villagers of a village called Nayer Alga Part-II (Hajipara) under Bilasipara Police Station in the district of Dhubri whereas petitioners in WP(C)
No.88/2019 are the Hajipara Girls LP School and its Managing Committee.
3. According to the petitioners of WP(C) No.5162/2018, they are consumers of electricity under APDCL. The village was connected to the electricity grid through 11 KV transmission line in the year 2009 under the Rajiv Gandhi Gramin Vaidyutikaran Yojana (RGGVY). Inhabitants of the village have been receiving electricity connection since the year 2010. There are about 130 consumers in the village including the petitioners. At the time when the 11 KV transmission line was erected, there was no school beneath. Hajipara Girls LP School (School) was provincialised by the State Government in the Education Department on 19.12.2013 with land shown at a different place. Subsequently, in the year 2015, the school was constructed at a different location just below the 11 KV transmission line at a plot of land donated by husband of the headmistress of the school. When a worker of the school working on the roof of the Assam Type school complex came into contact with the 11 KV live wire, an electrical accident took place. Though the worker was seriously injured, luckily it did not turn out to be fatal. Because of the aforesaid accident, APDCL had disconnected electricity supply to the entire village on and from 07.11.2017. Since then there has been no electricity in the village.
4. On the other hand, school authorities, i.e., petitioners in WP(C) No.88/2019 have taken the stand that School was constructed earlier and the 11 KV transmission line was erected thereafter.
5. APDCL and its officials have taken the stand that when they had erected the transmission line, there was no school beneath it. However, APDCL may shift the transmission line to another location but the cost that may be incurred for such shifting may have to be borne either by the school authorities or by the villagers. APDCL cannot take any chance because students studying in the school are all minors. Therefore, as a precautionary measure, electricity supply to the village has been disconnected.
6. This is the dispute in sum and substance.
7. Though a large number of affidavits have been filed, having regard to the controversy in question, it may not be necessary for a minute examination of the pleadings so exchanged. However, reference to a few of the documents which are on record is considered necessary.
8. Circle Officer, Bilasipara Revenue Circle in his report to the Sub-Divisional Officer (Civil), Bilasipara dated 28.05.2018 mentioned in paragraph 7 of the report that the application for provincialisation of the school was submitted before selection of the new site. In the application form, the land shown was a different one which is barren/vacant now. Presently the school is functioning at the new site where there is an overhead power line about 2 meters above the school roof. He stated that at the time of installation of the power line, school building was not yet constructed; only a temporary structure was there which also was not directly below the power line. When the Sub-Divisional Officer, APDCL was requested to shift the electricity line to a safer place, he mentioned that for doing so new assessment would have to be prepared and since no such funds were available with the APDCL, co
