Page No.# 1/3 GAHC010084042023 2025:GAU-AS:15910 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2374/2023 DHARITRI BALA DAS AND ANR. D/O LT. PRAMOD RAY R/O GOLAP BORBORA PATH ANIL NAGAR HOUSE NO. 3 RAJGARH LINK ROAD P.O. ZOO ROAD DIST. KAMRUP (M) ASSAM PIN 781007 VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY, MINISTRY OF TELE COMMUNICATIONS DEPTT. OF TELE COMMUNICATIONS SANCHAR BHAWAN 20 ASHOKA ROAD NEW DELHI 110001 2:THE CHIEF GENERAL MANAGER BHARAT SANCHAR NIGAM LTD BSNL PANBAZAR GHY 781001 ASSAM 3:DIVISIONAL ENGINEER (LAND AND BUILDING) O/O GENERAL MANAGER TELECOM B T. ROAD BONGAIGAON ASSAM PIN 783380 4:THE SUB DIVISIONAL ENGINEER (PHONES) O/O GENERAL MANAGER TELECOM B T. ROAD BONGAIGAON ASSAM PIN 783380 5:THE STATE OF ASSAM REP .BY THE SECRETARY MINISTRY OF POWER (ELECTRICITY) GOVT. OF ASSAM DISPUR GHY-6 6:THE MANAGING DIRECTOR APDCL BIJULI BHAWAN PALTANBAZAR GHY 8 ASSAM 7:THE SUB DIVISIONAL ENGINEER BONGAIGAON ELECTRICAL SUB DIVISION I APDCL(LAR) SWAHID BEDI Page No.# 2/3 BORPARA BONGAIGAON ASSAM 8:SRI HEMEN DAS 77 YEARS S/O-LT. HAREKRISHNA DAS R/O- B.T. ROAD BONGAIGAON C/O- HOTEL SUKHADA DIST.- BONGAIGAON ASSAM PIN- 78338 Advocate for the Petitioner : MR. B K GOSWAMI, MR. C MAHANTA,MS. P MAHANTA,MR. N BARMAN Advocate for the Respondent : DY.S.G.I., MR B PATHAK (R- 2,3,4),MR B HAZARIKA (R- 2,3,4),MR V KUMAR (R- 2,3,4),MS M TIWARI (R- 2,3,4),SC, BSNL,SC, APDCL BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 24-11-2025 Heard Mr. N. Barman, learned counsel for the petitioners. Also heard Mr. B. Pathak, learned Standing Counsel, BSNL for the respondent Nos. 2, 3 & 4 and Mr. D. Gogoi, learned Standing Counsel, APDCL for the respondent Nos. 6 to 7. 2. By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to remove the GSM Mobile and Transmission System equipment and the Transformer, which have been wrongly installed on the plot of land belonging to the petitioner No. 1. 3. It is the case of the petitioners that the petitioner No. 2 had rented out his building to BSNL in the year 2012. The respondent APDCL installed a Transformer on the application made by BSNL on the land of the petitioner No. 1, which is adjacent to the land of the petitioner No. 2. The petitioners claim that BSNL and APDCL have wrongly installed the transformer on the land of the Page No.# 3/3 petitioner No. 1, which is causing inconvenience and is hazardous to the lives of the petitioners. Therefore, the petitioners pray for the removal of the transformer from the land of the petitioner No. 1. 4. During the course of hearing, Mr. B. Phatak, learned Standing Counsel, BSNL, and Mr. D. Gogoi, learned Standing Counsel, APDCL, by placing the instructions, submitted that the respondents have decided to remove and shift the GSM Mobile and Transmission System and the Transformer from the present site, which belongs to the petitioner No. 1. They further submitted that the GSM Mobile and Transmission System equipment and the transformer were installed pursuant to an agreement with the petitioners for a period of 15 years, until 2027. However, since the respondents have already decided to relocate the entire GSM Mobile and Transmission System equipment and the transformer by identifying an alternative site, the process is expected to take not less than 5 (five) months, as considerable time would be required for approval of the new site, dismantling and vacation of the present site. 5. Having considered the grievance of the petitioners and considering that the respondents BSNL and APDCL have decided to remove and shift the GSM Mobile and Transmission System equipment and the transformer from the land of the petitioner No. 1 to an alternative site, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to complete the process of removal and shifting of the GSM Mobile and Transmission System equipment and the transformer constructed on the land of the petitioner No. 1 within a period of 5 (five) months from today. Ordered accordingly. 6. Writ petition stands disposed of. JUDGE Comparing Assistant