LALTHUAMA SAILO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel appearing for the petitioners in WP(C)/99/2019, Mr. Rosangzuala Ralte, learned counsel for the petitioners in WP(C)/151/2019, Ms. Linda L. Fambawl, learned Government Advocate appearing for the State respondents in both the Writ Petitions and Mr. Zoramchhana, learned counsel appearing for the private respondent in both the Writ Petitions.

(2.) The claim of the petitioners in both the Writ Petitions- the three petitioners in WP(C)/99/2019, and the four petitioners in the other Writ Petition, i.e., WP(C)/151/2019- is that, though the respondents had erected/constructed transmission towers of 132 KV Single Circuit Transmission Lines in their lands situated at Kawnpui and Khamrang (in WP(C)/99/2019), and Thlanmual Veng, Thingdawl, Melveng Lui Ram, Thingdawl, Parvalui Ruam, Thingdawl and Berawlui Ram, Thing-dawl (in WP(C)/151/2019), no compensation as per law applicable in the State has ever been awarded to them. It has been submitted by both the learned counsels of the petitioners in the Writ Petitions that, as per sec. 67(2)(e) of the Electricity Act, 2003, whenever towers are constructed for electricity power lines, appropriate Authority as per the applicable law has to determine the compensation or rent payable to the persons affected by such project works, but the petitioners have never been paid any compensation for their respective lands on which the towers have been constructed for the 132 KV Single Circuit Transmission Line. The learned counsel has also submitted that though no rule has been framed by the State Government under the Electricity Act, Guidelines framed by the Central Government which provides for determining the compensation towards damages as stipulated in sec. 67 and 68 of the Electricity Act, 2003, read with Sec. 10 and 16 of the Indian Telegraph Act, 1885 has been adopted. And as per the guidelines, the persons whose lands are affected by such works are entitled to adequate compensation, which is 100% of the land value as given in Notification No. D.11028/8/2017-P&E dtd. 1/5/2019, issued by the Secretary to the Government of Mizoram, Power and Electricity Department. Therefore, the respondents are liable to pay compensation to the petitioners for their land values on which the transmission towers have been constructed.

(3.) Ms. Linda L. Fambawl, learned Government Advocate appearing for the State respondents submitted that though the Notification dtd. 21/1/2010 was issued before the construction of the towers for putting up of the 132 KV Single Circuit Transmission Line, none of the petitioners made their claim, therefore, it is too late in the day for them to make their claims. The learned Government Advocate, by referring to Clause 3.0(v) of the General Conditions of the Contract signed between the Contractor and the Power and Electricity Department, Government of Mizoram also submitted that as per the Contract Agreement, Right of Way of the Transmission line is the responsibility of the Contractor. Therefore, even if compensation is to be paid it is the Contractor who is responsible to pay the same.