SAMIR GHOSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Exception filed by the petitioner against the report filed on behalf of respondent Power Grid Corporation of India Limited is taken on record.

(2.) The contention of the petitioner is that the plots of land owned by the petitioner were used by the answering respondent the Power Grid Corporation of India Limited for construction of Jirat-Medinipur transmission line through the property. The respondent paid an amount of Rs.95,772.00 to the petitioner by way of damage to the crops lying on the fields/property which were utilised for the project. The petitioner complains that the said work has permanently damaged the crops in plot nos. 751 and 1674 and an amount of Rs.9,000.00 and Rs.48,000.00 was granted by the respondent to the petitioner for the damage caused in plot nos. 751 and 1674 respectively.

(3.) But no compensation has been granted by the respondent to the petitioner for permanent damage caused to the land. The petitioner has referred to the recommendation for guidelines for payment of compensation towards damages in regard to the right of way for transmission lines issued by the Joint Secretary (Transmission) to the Chief Secretaries/all the States and Union Territories and other authorities on 15/10/2015. The recommendation says that the compensation towards diminution of land value should be decided by the States subject to a maximum of fifteen per cent of the land value as determined based on Circle rate/Guideline value/Stamp Act rates.