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2025 DAILYLAW 17890 (GAU)

SRI BHASKAR JYOTI BHARALI v. ASSAM POWER DISTRIBUTION CO. LTD. AND 2 ORS.

WP(C)/5797/2018 · 2025-08-03

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010185142018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5797/2018 SRI BHASKAR JYOTI BHARALI S/O- SRI GAKUL BHARALI, R/O- VILL- SARUBHAGIA, MOUZA- BORBHOGIA, P.S. JAMUGURIHAT, DIST- SONITPUR (ASSAM), PIN- 784180 VERSUS ASSAM POWER DISTRIBUTION CO. LTD. AND 2 ORS. (A SUCCESSOR COMPANY OF THE ERSTWHILE ASSAM STATE ELECTRICITY BOARD) REP. BY ITS MANAGING DIRECTOR, BIJULEE BHAWAN, PALTAN BAZAR, PO GHY- 1 2:THE CHIEF ENGINEER (DISTRIBUTION) ASSAM POWER DISTRIBUTION COMPANY LTD. BISWANATH CHARIALI DIST- SONITPUR (ASSAM) PIN- 784176 3:THE SUB-DIVISIONAL OFFICER JAMUGURI ELECTRICAL SUB-DIVISION ASSAM POWER DISTRIBUTION COMPANY LTD. DIST- SONITPUR (ASSAM) PIN- 78418 Advocate for the Petitioner : MR. D SARMAH, MR. D K BAGCHI Advocate for the Respondent : SC, APDCL, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 04.08.2025 Heard Mr. D.K. Bagchi, learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned Standing Counsel, APDCL. 2. Mr. D.K. Bagchi, learned counsel for the petitioner, has submitted that the petitioner being aggrieved by the stringing of 33 KV High Tension line over his land, wherein, he has a pucca house, he had prayed for shifting of the said High Tension line away from above his land. 3. Alternatively, Mr. D.K. Bagchi, learned counsel, has prayed that the respondents be direct to compensate the petitioner for the inconvenience caused on account of the stringing of the High Tension transmission line over his land more particularly over his house. 4. Mr. B. Choudhury, learned Standing Counsel, APDCL, has submitted that it would not be feasible to shift the High Tension line from its present alignment. However, the petitioner would be entitled to compensation for the loss occasioning to him in this connection provided the extend of the loss is determined by the jurisdictional District Commissioner. 5. Mr. D.K. Bagchi, learned counsel for the petitioner, in view of the above submission made by Mr. B. Choudhury, learned Standing Counsel, APDCL, has submitted that this Court may permit him to approach the jurisdictional District Commissioner, by way of filing a representation claiming compensation for the loss occasioning on account of stringing of the High Tension line over his land more particularly over his house. 6. In view of the above submission, made by the learned counsel for the parties, Page No.# 3/3 this Court hereby directs the petitioner to file an appropriate application before the jurisdictional District Commissioner and therein set out the details of his land, including the date of his purchase, the date on which the high tension line was so stringed over the plot of land in question and by highlighting the loss suffered by him on account of the stringing of the said High Tension line, claim compensation in the matter. 7. On receipt of the said application from the petitioner the jurisdictional District Commissioner, shall consider the same and after hearing the petitioner and the officials of the APDCL, shall pass appropriate orders determining as to whether the petitioner is entitled to any compensation. 8. In the event, the petitioner is found entitled to the compensation the Deputy Commissioner shall compute the compensation amount now required to be paid to the petitioner strictly in accordance with the provisions of the law governing the issue and forward the same to the APDCL authorities for payment. 9. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant