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2022 Supreme(Online)(NGT) 543
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
JUSTICE ARUN KUMAR TYAGI, J, DR. AFROZ AHMAD, ACJ
Satyam Choudhary – Appellant
Versus
State of Bihar – Respondent
Original Application No.443/2022
For the Appellant: Not mentioned
For the Respondent: Not mentioned
Public interest in utility projects prevails over private property rights; compensation for damages must be pursued through statutory channels.
Headnote:(A) Indian Telegraph Act, 1885 - Sections 10, 16, and 18 - Electricity Act, 2003 - Section 164 - Compensation for tree cutting - Applicant complained against unlawful cutting of trees by the Powergrid - The Act permits entry and cutting of trees for telegraph and electricity transmission - Public interest prevails over private rights. (Paras 3, 4, 6, 8)
(B) Compensation Rights - The landowner may claim compensation but cannot obstruct works essential for public interest - Emphasis on timely adjudication of compensation claims. (Paras 6, 8)
Facts of the case:
The applicant alleged Powergrid cut down trees without notification, significantly impacting his livelihood. The tribunal considered relevant legal provisions.
Findings of Court:
The court determined the applicant's rights to compensation under statutory guidelines and directed him to approach the District Magistrate for proper recourse.
Issues: Determining the compensation rights under the Indian Telegraph Act and the Electricity Act concerning property rights.
Ratio Decidendi: The court upheld the applicability of the Indian Telegraph Act and emphasized public interest in case law, establishing that adequate compensation rights exist for private landowners.
Result: The application is disposed of, advising the applicant on proper channels to seek redress.
| Table of Content |
|---|
| 1. complaint regarding unlawful cutting of trees. (Para 1 , 2) |
| 2. legal provisions permit cutting trees for public utility. (Para 3 , 4 , 5) |
| 3. rights to compensation for landowners confirmed. (Para 6) |
| 4. court overview of statutory rights and compensation mechanisms. (Para 7 , 8) |
| 5. application addressed and guided for compensation claims. (Para 9 , 10) |
ORDER
1. Mr. Satyam Choudhary resident of Gouripur Tola, Sukhpur Village, District Supaul, Bihar has sent the present letter petition by email, which is treated and registered as original application, complaining that Powergrid- (North Bihar Power Distribution Company Ltd.) has ruthlessly cut more than 40 mango trees and 100 bamboo trees without any intimation/notification. Being landowners they deserved the right to get notified as it is no ones right to enter their premises and cut the trees without their permission. If they were informed or notified earlier then they would have better managed the trees. The trees were major source of their income and they deserve fair compensation.
2. We have gone through the letter petition and documents attached with the same.
3. The Indian Telegraph Act, 1885 empowers the licencee to simply enter upon any private land and carry out necessary works by invoking Sections 10 and 11 and cut interrupting trees under Section 18 thereof without the prior consent of the owner who could claim compensation under Section 18 and enhancement thereof under Section 16 thereof. Public interest in execution of the works was given weightage over private interest of the land owner. Section 10 , 16 and 18 of the Indian Telegraph Act, 1885 read as under:-
10. Power for telegraph authority to place and maintain telegraph lines and posts.The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property:
Provided that
(a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained;
(b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and
(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and
(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority.(1) If the exercise of the powers mentioned in section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them. (2) If, after the making of an order under sub-section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).
(3) If any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.
(4) If any dispute arises as to the persons entitled to receive compens
