SABITRI BORO Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging a letter dtd. 12/7/2012 of the Additional Deputy Commissioner, Kamrup, Amingaon and a letter dtd. 2/8/2012 of the respondent Power Grid Corporation of India Limited. The petitioner has also sought for a direction to the respondent authorities to give an alternative plot of residential land after paying adequate compensation and to constitute an independent committee to verify the plot of land of the petitioner for the purpose of qualifying/assessing the loss/compensation payable to the petitioner.

(2.) The facts which are necessary for consideration of the issues raised in this writ petition can be narrated, in brief, is follows : -

(3.) According to the petitioner, subsequently in the year 2012, the officials from the respondent PGCIL and respondent M/s North East Transmission Company Limited started taking steps for stringing the electricity transmission line over the Assam Type house of the petitioner standing on the subject-plot. When the same was objected to by the petitioner, the petitioner received a letter dtd. 25/1/2012 from the Senior Engineer, PGCIL to the effect that the process of stringing of the conductor and earth wire at Village ' Khena Allibari, Mouza ' Dakhin Rani was being undertaken and the estimated cost of the house, etc. of the petitioner was found out to be near Rs.7,00,000.00 as per the Assam PWD [B] Schedule of Rates. The letter dtd. 25/1/2012 further indicated that the actual amount might vary at the time of final assessment by the PWD and it was requested to the petitioner to allow the respondent authorities to continue the works without any disturbances. On receipt of the letter dtd. 25/1/2012, the petitioner submitted a representation before the Deputy Commissioner, Kamrup raising an apprehension that the electrical transmission line might be stringed in violation of the then extant norms laid down by the Electricity Act, 2003. As the process of stringing the electricity transmission line was continued to be undertaken, the petitioner approached this Court by way of a writ petition, W.P.[C] no. 447/2012. In the writ petition, W.P.[C] no. 447/2012, the petitioner raised grievances on two aspects, firstly, that the electricity transmission line might be stringed without keeping the norms of mandatory ground clearance of 9 meter in respect of the subject-plot; and, secondly, the compensation award was inadequate. The writ petition, W.P. [C] no. 447/2012 came up for final consideration on 19/4/2012. After hearing the learned counsel for the parties and after considering the nature of petitioner's grievance and the stand taken by the respondents, the writ petition came to be disposed of by an order of even date. It was ordered that the electricity transmission line could be stringed subject to maintaining mandatory ground clearance of 9 metres. In so far as the matter of inadequacy of compensation is concerned, it was observed that after the final assessment was determined and paid to the affected land owner, the petitioner would be at liberty to proceed under Sec. 10[d] and Sec. 16[3] of the Indian Telegraph Act, 1885. It was further observed that since only Zirat compensation of Rs.3,47,000.00 had been paid till that date, the respondents should quantify the payable compensation within the stipulated period of time.