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GAHC010252212025

2026:GAU-AS:4819

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6607/2025

NILEEMA KHATUN W/O LT. ABDUL SHEIKH, VILL- SURJYAKHATA PART- I, P.O AND P.S-

BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY- 6

2:THE ASSAM POWER AND DISTRIBUTION COMPANY LTD.

REPRESENTED BY THE CHAIRMAN ELECTRICITY BOARD

BIJULI BHAWAN PALTAN BAZAR GUWAHATI- 8

3:THE CHIEF ENGINEER (DISTRIBUTION)

BIJULI BHAWAN PALTAN BAZAR GHY- 8

4:THE CHIEF EXECUTIVE OFFICER KOKRAJHAR ELECTRICAL CIRCLE APDCL

KOKRAJHAR DISTRICT- KOKRAJHAR

BTR ASSAM PIN- 783370

5:THE SUB-DIVISIONAL ENGINEER

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BILASIPARA ELECTRICITY SUB DIVISION APDCL LAR

DIST- DHUBRI ASSAM

PIN- 783348

6:THE CHIEF ELECTRICAL INSPECTOR GOVT. OF ASSAM

MAHAVAIRAB BUILDING CHANDMARI

SOUTH SARANIA GHY- 0

Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : GA, ASSAM, SC, APDCL

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 01.04.2026

Heard Mr. M. Hussain, learned counsel appearing on behalf of the petitioner.

Also heard Mr. U. Das, learned Additional Senior Government Advocate, representing the respondent nos. 1 to 6 and Mr. W. Ahmed, learned Standing

Counsel, APDCL, representing the respondent nos. 2 to 5.

2. The petitioner herein is aggrieved by the non-payment of the compensation payable under Office Memorandum No. MD/APDCL/Law Cell/110/2013/117, dated 07.11.2019, issued by the Chief General Manager (HRA), APDCL, for the unfortunate death of her husband, who allegedly expired due to an incident of electrocution. The petitioner approached the respondent nos. 2 to 5, however, no compensation was paid and it is under such circumstances, the petitioner is before

this Court.

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3. In the instant case, an affidavit-in-opposition has been filed by the respondent no. 6, the Chief Electrical Inspector, Government of Assam. In the aforesaid affidavit, an enquiry report of electrical accident submitted by the Senior

Electrical Inspector, Government of Assam is annexed, which reveals as follows: -

“ 11. CAUSES LEADING TO THE ACCIDENT: From the above facts and circumstances leading to the accident, it appears that at the time of the incident, the LT bare conductors were of low tensile strength. Owing to their low tensile strength, the conductors failed to withstand the required load and subsequently snapped, as a result

of which the victim received a fatal electric shock and was electrocuted.

During the site verification, it was observed that the low-voltage distribution line emanating from the 11/0.440kV, 100kVA Distribution Transformer of the aforesaid village is operating without the statutory electrical protective and isolating devices and are not being maintained in an appropriate manner to ensure the safety of personnel and property. It was also observed that the bare LT conductors of the 3-phase, 4-wire overhead line are of low tensile strength. The overall condition of the said sub-station as well as the LT overhead line are totally unsafe. There is every possibility of occurrence of any type of electrical accident at any time unless suitable corrective measures are

initiated immediately

Had appropriate safety preventive measures been taken by the owner of the overhead line and sub-station, the instant electrical accident resulting to death of the

victim would not have taken place.

12. CONTRAVENTION: From the facts and circumstances leading to the accident, it appears that there occurred contravention of regulation 12(1) of the then Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 on part of the owner of the aforesaid electric power supply system in issue i.e. the

Assam Power Distribution Company Limited (APDCL).

13. RECOMMENDATIONS: The safety provisions of the "Central Electricity

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