GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MD. HAMIDUR HUSSAIN – Appellant
Versus
THE ASSAM POWER DISTRIBUTION COMPANY LIMITED and 4 ORS – Respondent
What is... How to determine whether six electrical poles are erected on the petitioner’s land (Dag No. 243, Patta No. 101) versus APDCL land (Dag No. 242) and whether removal or compensation is warranted? What is... What relief, if any, can a writ court grant when there is a factual dispute over land ownership and location of utility posts? What are the rights of the petitioner and APDCL regarding removal of electrical posts and compensation for use of land in a writ petition challenging such erection?
ORDER
02.12.2022 Heard Shri D Chetia, learned counsel for the petitioner. Also heard Shri P Das, learned counsel appearing on behalf of Shri PN Goswami, learned Addl. Advocate General, Assam representing the Assam Power Distribution Company Ltd. (APDCL) whereas Shri J Handique, learned State Counsel, Assam is present for the State respondents.
2. The APDCL has filed an affidavit-in-opposition which has been brought on record.
3. The case projected in the writ petition is that in a plot of land covered by Dag No. 243 of PP No. 101 of Bangali Gaon under Teok Mouza in the district of Jorhat, six numbers of electrical poles have been erected by the APDCL. The petitioner claims that such erection is wholly illegal and requests were made to the APDCL authorities to remove the poles which were connected with wire of 33/11 KV lines. However, the requests were paid no heed. The approach of the petitioner before the Circle Officer also did not yield any result and therefore, the present writ petition has been filed with the following prayer:
“In the premises aforesaid, it is therefore respectfully prayed that Your Lordships may be pleased to admit this application, call for the records and issue
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