NITUL BORUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India is instituted by the petitioner seeking inter-alia a direction to the respondent authorities in the Power Grid Corporation of India Limited [PGCIL], that is, the respondent nos. 3 - 5 to pay a sum of Rs.44,92,800.00 as compensation for acquisition of the petitioner's parcel of land, indicated in Schedule-A.

(2.) The case projected by the petitioner, in brief, is that the petitioner became the owner of a parcel of land measuring 1 Bigha 2 Katha 17 Lessas, covered by Dag no. 321 and Dag no. 322 and Patta no. 107, situate at Village - Kachua, Mouza - Dhalpur, Naray-anpur Revenue Circle, District - Lakhimpur ['the subject-land', for short] on purchase by way of a Registered Sale Deed dtd. 30/1/2019. After purchase of the subject-land, the petitioner got his name mutated in the revenue records and the Record of Rights [Jamabandi]. Subsequent to becoming the owner of the subject-land and taking over its possession, the petitioner constructed an Assam Type dwelling house on the subject-land. The petitioner has stated that after construction of the Assam Type house, he and his family started to live in the Assam Type house.

(3.) The respondent PGCIL authorities started a project of 'Installation of 400 KV D/C [Twin Lapwing] Lower Subansiri-Biswanath Chariali Transmission Line' ['the Project' for short] initially, during 2009-2011. At that point of time, tower foundation works were completed but subsequent construction activities were kept on hold. It was in the year 2021, the works for the said Project were resumed. In order to assess the damages likely to be caused to the lands falling in the approved route of the Transmission Line of the Project survey was conducted by the District Administration in consultation with the respondent PGCIL authorities.