HIGH COURT OF TRIPURA

AGARTALA

CRP No.6 4 of 2023

1. Sri Rajat Kanti Dey, S/O. Late Rakesh Ranjan Dey, resident of Village- Laxmipur Para, G.P. & P.O.-Masauli, P.S.-Fatikroy, Sub-Division-

Kumarghat, District-Unakoti Tripura.

2. Smt. Chaya Rani Dey, W/O. Late Rakesh Ranjan Dey, resident of Village- Laxmipur Para, G.P. & P.O.-Masauli, P.S.-Fatikroy, Sub-Division-

Kumarghat, District-Unakoti Tripura.

3. Sri Rathindra Kr. Dey, S/O. Late Rakesh Ranjan Dey, resident of Vill. &

P.O.-Moirani, District-Jorhat, Assam.

4. Smt. Indrani Dey, D/O. Late Rakesh Ranjan Dey, W/O. Ajit Deb, resident

of Krishnanagar, Lake Chowmuhani, P.O.-Agartala, District-West Tripura.

(Petitioner No.1 is the lawful attorney of Petitioner Nos.2, 3 & 4).

……… Petitioner(s).

V E R S U S

1. NER-II Transmission Limited, registered office at C/O. Tripura Furniture, 2^nd Floor, Math Chowmuhani, Opposite Iskon Temple, Agartala-799001, District-West Tripura represented by its DGM & Project Head Sri Narottam

Chakraborty.

2. The Deputy General Manager, Transmission Division, Tripura State Electricity Corporation Limited (A Govt. of Tripura Enterprise), Kumarghat,

Unakoti Tripura.

3. The DM & Collector, Office of the District Magistrate & Collector, Unakoti

District, Kailashahar.

………Opposite Party-Respondent(s).

For Petitioner(s) : Mr. Kundan Pandey, Advocate.

For Respondent(s) : Mr. Koushik Datta, Advocate,

Mr. Kushal Deb, Advocate,

Mr. Samrat Sarkar, Advocate.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO

CAV reserved on : 21.11.2025 Judgment delivered on : 17.12.2025.

Whether fit for reporting : YES

JUDGMENT & ORDER

Heard Mr. Kundan Pandey, counsel appearing for the petitioners

and Mr. Koushik Datta, counsel appearing for the respondents.

2. This Revision is filed under Article 227 of the Constitution of India challenging the judgment dt.30.06.2023 in Civil Misc.(Telegraph) No.

01 of 2021 passed by the District Judge, Unakoti District, Kailashahar.

The background facts:

3. The petitioners are owners and possessors of the subject land. They had filed the said case under Section 8 of the Indian Telegraph Act, 1885 seeking compensation of Rs.14,10,550/- towards damages to trees and crops and Rs.40,00,000/- for damage to land measuring 4(four) kani with interest @ 12% per annum from the respondents who had laid a 132 KV LILO (AMB- PK Bari) Transmission Line NER-II over their land which is described in the schedule to the said application.

4. They contended that in the said land there were trees bearing lemons, bamboo, drumstick, paddy, betel nut, banana, coconut, mango, beans, gourd, kathal (jackfruit), Shimul, blackberry, Teak etc.

5. According to them, they received notices on 30.07.2020 and 08.11.2020 from the NER-II Transmission Limited (respondent No.1) under the Indian Telegraph Act, 1885 informing them that a proposed 132 KV line would be run through their land and under the process trees belonging to them and standing on the land would require clearance, and so would be cut and they would compensate the petitioners for the loss and value of the land and trees and construction as assessed by the Revenue Department of the State Government.

6. They contended that without any assessment and inquiry by the Revenue Department, the respondents forcefully cut the above mentioned trees; land also was affected by way of earth filling, by a conductor line, by using vehicle/transportation and by erecting a leg of a tower in the land and about 4(four) kani of land was damaged and the said land cannot then be utilized in future for any purpose.

7. They contended that on 11.08.2020 they approached the Sub- Divisional Magistrate, Kumarghat, Unakoti Tripura for necessary assessment of damage and on 12.10.2020 the Revenue Inspector attached to the said office assessed the yield component of the trees, vegetables and plants, which was inadequate and not proper.

8. They contended that these lands are their only source of income and they have been permanently damaged by the respondents and they have been deprived of pr