2025:UHC:9780 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 0 0 5 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Vinoda Nand Barthwal, Advocate for the petitioners, through video conferencing. 2. Mr. Saurav Adhikari, Standing Counsel for the Union of India / respondent no. 1. 3. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand / respondent no. 5. 4. Mr. Kartikey Maulekhi, Advocate for respondent nos. 3, 4 & 6. 5. Petitioners are resident of Village Rachuli, Tehsil Pauri, District Pauri Garhwal. According to them, towers for erection of transmission line has been installed, over their agricultural field, without paying any compensation. 6. By means of this writ petition, petitioners have sought the following reliefs: - “(i) Issue a writ, order or direction in the nature of mandamus directing the concerned respondents to fix and pay the rent of the land encroached for transmission power line purpose by the respondents. (ii) Issue a writ, order or direction appropriate in nature directing the respondent concerned to compensate looking to future loss to the petitioners and further to take necessary action against the erring person who is instrumental on the same.” 7. Learned State Counsel was granted time to get instructions. On instructions, Mr. Suyash Pant, learned Standing Counsel submits that the work of erection of electricity transmission towers is being done as per 2025:UHC:9780 Section 164 of Electricity Act, 2003 and compensation would be determined by District Collector under Section 10 of the Telegraph Act, 1885. 8. Mr. Kartikey Maulekhi, learned counsel representing respondent nos. 3, 4 & 6 adopts the statement made by learned State Counsel and submits that the claim of compensation made by the petitioner can only be decided by the competent authority, as per the provisions of Telegraph Act. 9. The writ petition is, accordingly, disposed of with liberty to petitioners to approach the District Collector for compensation. If petitioners make a formal demand for compensation, by moving application before the District Collector, decision thereupon shall be taken, within six months thereafter. 10. It goes without saying that all persons, likely to be affected by the decision to be taken in the matter, shall also be heard by the District Collector. ( Man oj Ku m ar Tiw ar i, J.) 06.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b b4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D65 3D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.06 17:35:12 +05'30'