Transmission lines render 50ft surrounding land unutilizable; compensation must account for agricultural impact under Telegraph Act.

ORDER

This writ petition has been filed challenging the impugned order dated

09.09.2022 passed by the respondents.

2. The learned counsel for the petitioner would submit that in this case, the respondents 4 & 5 had laid high tension electric lines in the petitioner's land from the year 2009. However, till date, no compensation was determined. In this regard, a representation was also made by the petitioner. The said representation was considered and impugned order came to be passed.

3. Further, he would submit that the electric lines were laid in the middle of the subject land, due to which, the petitioner was unable to enter into the said land to carry on the agricultural activities. In such case, the respondents are supposed to have considered atleast to an extent of 50 ft of land, where the electric lines were laid, as unutilised land and determined the compensation in terms of the provisions of Section 10D of the Telegraph Act, 1885. Hence, this petition.

4. On the other hand, the learned counsel for the respondent would submit that if the petitioner is aggrieved over the compensation determined by the respondent, the right course available to the petitioner is to challenge the same before an appropriate Court in terms of 16(3) of the Telegraph Act, 1885. However, without doing so, the petitioner had approached this Court. To substantiate his submission, he referred to the judgment dated 18.08.2021 rendered by the Hon'ble Division Bench of this Court in WA.No.380 of 2020.

Hence, he requests this Court to pass appropriate orders.

5. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

6. In the case on hand, the main grievance of the petitioner is with regard to his inability to carry on the agricultural activities at the subject land during rainy season, due to the High Tension Electric Lines, which were laid by the respondents.

7. A serious consideration has to be given to the above submission made by the petitioner. As rightly submitted by the petitioner, the process of cultivation in the subject land cannot be carried on during rainy season, since there will be a chance for passing of current for atleast a distance of around 50 feet from the place, where the electric lines were laid. When such being the case, for all practical purposes, the area to an extent of 50 feet around outside the spot, where the electric lines were laid, has also to be considered as unutilised land while determining compensation. However, the said aspect was not at all considered by the respondents. Hence, this Court feels that it would be appropriate to set aside the impugned order and remit the matter back to the concerned Authority for the purpose of re-determination of compensation. 8. As far as the reference made by the respondent to the judgment dated

18.08.2021 rendered by the Hon'ble Division Bench of this Court in WA.No.380 of 2020 is concerned, in that case, all the aspects were taken into consideration while determining the compensation and hence, this Court directed the petitioner therein to approach the appropriate Court for re-determination of compensation in terms of Section 16(3) of the Telegraph Act, 1885. However, in the present case, while determining compensation, no discussion was made and no consideration was given with regard to the sufferings of the petitioner. In such case, it is clear that the impugned order was passed by the respondent in total non application of mind and the same is liable to be set aside.

9. Accordingly, the impugned order is hereby set aside and the matter is remitted back to the 4^th respondent. The 4^th respondent is directed to consider all the aspects discussed above, including the inability of the petitioner in carr