Uma Kanta Borah and Anr v. The Union of India and 6 Ors

ORDER

15.07.2024

¶1Heard Mr. S. Dey, learned counsel for the petitioners. Also heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. M. Sahewalla, learned counsel for the respondent no.6 & 7, Ms. N. Bordoloi, learned counsel for the respondent no.2 and Mr. S.R. Barua, learned counsel for the respondent nos.3, 4 & 5. Page No.# 3/4

¶2By filing this petition under Article 226 of the Constitution of India, the petitioners are seeking a direction from the respondents to assess the damage occurred to the lands of the petitioners', while constructing the 220 KV Ranganadi-Biswanath High Voltage Transmission Line and to pay compensation thereof in accordance with the applicable Guidelines of the Ministry of Power.

¶3The specific case of the petitioners is that the petitioners lands have been affected while the Power Grid Corporation has erected and acquired their lands in concerned with the project for construction of High Voltage Transmission Tower and 1200 KV High Voltage evacuation line overhead.

¶4The grievance of the petitioners is that despite their lands having been affected, no compensation has been paid till date.

¶5Accordingly, a representation was filed on 27.04.2023 before the Deputy Commissioner, Biswanath District, Assam.

¶6It is submitted at the bar that this writ petition can be disposed of with a direction to the Deputy Commissioner, Biswanath District, Assam (respondent no.3) to dispose of the said representation, in terms of Section 16 of the Indian Telegraph Act, 1885 (hereinafter referred to as the "Act of 1885").

¶7In view of the aforesaid endorsement made by the learned counsels for the parties, this Court deems it appropriate to dispose of the writ petition by Page No.# 4/4 directing the respondent no.3 to dispose of the representation dated 27.04.2023 filed by the petitioners (Annexure-3 to the writ petition), in terms of Section 16 of the Act of 1885 and also the Circular dated 10.03.2017 issued by the Government of Assam (Annexure-III).

¶8It is needless to clarify that the aforesaid exercise shall be completed within a period of 2 (two) months from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010267652023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7052/2023o UMAoKANTAoBORAHoANDoANRo S/O-oLATEoDAMBARUDHARoBORAH,oR/O-oH.NO.o34,oPUBoSURAJoNAGAR,o NEARoMODERNoENGLISHoSCHOOL,oODALBAKRA,oKAHILIPARA,o GUWAHATI,oASSAM,oPIN-o781019 2:oSMTI.oRUPANJALIoBARUAHoBORAH oW/O-oLATEoGYANSUBHANoBORAH oR/O-oBORIGAON oGOHPURo(TC)o(PART) oGOHPUR oDISTRICT-oBISWANATH oASSAM oPIN-o78416o VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REPRESENTEDoBYoTHEoJOINToSECRETARYo(TRANSMISSION),oMINISTRYo OFoPOWER,oGOVERNMENToOFoINDIA,oSHRAMoSHAKTIoBHAWAN,oRAFIo MARG,oNEWoDELHI,oPIN-o110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI oASSAM oPIN-o781006 3:THEoDEPUTYoCOMMISSIONER oBISWANATH oASSAM Page No.# 2/4 4:THE SUB-DIVISIONAL OFFICER BISWANATH ASSAM 5:THE CIRCLE OFFICER GOHPUR REVENUE CIRCLE DISTRICT- BISWANATH ASSAM 6:M/S POWER GRID CORPORATION OF INDIA LTD. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR B-9 QUTAB INSTITUTIONAL AREA KATWARIA SARAI NEW DELHI PIN- 110001 7:CHIEF GENERAL MANAGER M/S POWER GRID CORPORATION OF INDIA LTD. NORTHEASTERN REGION PUB-SURUJ NAGAR PATH NUTUN BAZAR ODALBAKRA KAHILIPARA GUWAHATI ASSAM PIN- 78101 Advocate for the Petitioner : MS N DEKA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI