Page No.# 1/6 GAHC010275242024 2025:GAU-AS:8496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6944/2024 DIPENDRA PATOWARY S/O LATE KARNA NATH KEOT, R/O NARAYANPUR, GANESHGURI, GUWAHATI-781005, KAMRUP (M) ASSAM VERSUS THE UNION OF INDIA AND 10 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DLHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY POWER (ELECTRICITY) DEPARTMENT J BLOCK LOK SEWA BHAWAN JANATA BHAWAN ASSAM SECRETARIAT DISPUR GUWAHATI-06 3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) REPRESENTED BY THE PROJECT DIRECTOR NEDFI HOUSE 4TH FLOOR G.S. ROAD DISPUR GUWAHATI ASSAM PIN-781006 4:THE ASSAM ELECTRICITY GRID CORPORATION LTD. Page No.# 2/6 A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 DULY REPRESENTED BY ITS MANAGING DIRECTOR 5:THE CHIEF GENERAL MANAGER (T AND T) AEGCL BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 6:THE DISTRICT COMMISSIONER KAMRUP -CUM- COMPETENT AUTHORITY OF LAND ACQUISITION (CALA) KAMRUP AMINGAON-781036 ASSAM 7:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH KAMRUP AMINGAON-781036 ASSAM 8:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE KAMRUP AMINGAON-781036 ASSAM 9:THE ASSISTANT GENERAL MANGAER 132 KV EHV GRID SUB-STATION AEGCL KAHILIPARA GUWAHATI-781019 10:THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) DOLAIGAON MAJPARA BONGAIGAON BONGAIGAON-783380 ASSAM 11:ON THE DEATH OF LATE HAUDATTA KAKOTY HIS LEGAL HEIRS- Page No.# 3/6 11.1:SMT BHABANI KAKATI W/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 11.2:SHRI MUKUT KAKATI S/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 11.3:SHRI DWIPEN KAKATI S/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 11.4:SHRI NITUL KAKATI S/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 ASSAM 11.5:SMT PINKY BAISHYA D/O LATE HARDUTTA KAKOTY R/O VILL- NIJ MODARTALA NAGAON NEAR NAGAON BUS STAND BAIHATA CHARILAI DIST- KAMRUP PIN-781381 Page No.# 4/6 ASSA Advocate for the Petitioner : MR. K N CHOUDHURY, MR. M DAS Advocate for the Respondent : DY.S.G.I., MR A K SHARMA ( For R/P no.11(A) to 11 (E),,SC, AEGCL,SC, NHAI,GA, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 24.06.2025 1. Heard Mr. KN Choudhury, learned Senior counsel for the petitioner. Also heard Mr. C Baruah, learned counsel respondent Nos. 3 and 10, who is present through remote VC, Ms. A Phukan, learned counsel for the respondent Nos. 4,5 and 9, Mr. J Handique, learned counsel for the respondent Nos. 6 to 8 and Mr. A Mubarak, learned counsel for the legal heirs of respondent No.11. 2. The petitioner is aggrieved by the proposed construction of Extra High Tension line tower over his plot of land under Dag No. 1245(O)/ 1222(N) of K.P. Patta No. 255(O)/267(N) of village Nagaon under Mouza Karara in the district of Kamrup, Assam. It is the contention of the petitioner that laying of such Extra High Tension line tower over the aforesaid plot of land of the petitioner will totally make the land unusable and the authorities have also not taken any proposal to acquire the said plot of land. 3. When the matter was listed on 25.04.2025, Mr. Baruah, learned Standing counsel for the NHAI submitted that the authority at concerned Ministry are considering and deliberating to redress the grievance of the petitioner by making some alternative arrangement. Responding to such submission of Mr. C Baruah, Mr. KN Choudhury, learned Senior counsel for the petitioner submitted Page No.# 5/6 on that date that, if the petitioner’s grievances are redressed, the petition will have no difficulty. Accordingly, the matter was directed to be listed today. 4. When this matter is listed today, Mr. Baruah, on instruction submits that he has received an status report through e-mail, which he has typed. The aforesaid status received by Mr. Baruah is reproduced hereinelow: “Status of Monopole installation at Baihata Approvals are accorded from the competent authority and accordingly work of foundation for installing monopole has already been started, the foundations of two number of lattice towers have already been completed since long. The detailed item wise status and timelines for their completion is summarized as below- Sl No. Item of work Total Qty Completed Expected date of completion 1 Piles 6 nos 2 18.06.2025 2 Pile cap with fixing of anchor plate and bolt 1 no Nil 25.06.2025 3 Transportation of monopole with other hardware 1 no Nil 01.07.2025 4 Erection of Lattice towers and Monopole as well as stringing of conductor 3 no Nil 13.07.2025 5 Charging of electricity in shifted towers and monopole 15.07.2025 5. From the aforesaid it is seen that the approval has been accorded for installation of monopole. It is the contention of the petitioner, that if monopoles are erected then the petitioner shall have no grievances as that will not damage Page No.# 6/6 his plot of land. 6. In view of the aforesaid, the present writ petition stands disposed of directing the authorities to complete the aforesaid exercise as proposed. 7. Accordingly, this writ petition stands disposed of. 8. Interim order passed earlier stands vacated. JUDGE Comparing Assistant