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2025 DAILYLAW 4265 (GAU)

Goto Kamki v. The State of AP and 2 Ors

WP(C)/100/2025 · 2025-06-23

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC040003702025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/100/2025 Goto Kamki Son of Late Hengo Kamki, a permanent resident of Village Kamki, PO and PS Kamba, West Siang District, Arunachal Pradesh 791001 VERSUS The State of AP and 2 Ors through the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Additional Deputy Commissioner Age: 0 Occupation : Kamba West Siang District Govt of Arunachal Pradesh Kamba. 4:Power Grid Corporation of India Limited Age: 0 Occupation : represented by its Deputy General Manager Kamki Village West Siang District Arunachal Pradesh Advocate for the Petitioner : Adam Tatak, Tayom Gamoh,Logsang Yountan,Goyi Taba Raju,Dejum Tally,Tukrin Ligu,Tonni Gammi,Tanur Gao,Amy Talom,Tsering Gyatso Advocate for the Respondent : GA (AP), N Khera,Radhe Yakang,Eddie Payeng,H K Jamoh -BEFORE- HON’BLE MR. JUSTICE KARDAK ETE ORDER 24.06.2025 Heard Mr. A. Tatak, learned counsel for the petitioner. Also heard Mr. Page No.# 2/4 N. Ratan, learned Addl. Advocate General for State respondent Nos. 1 & 2 and Mr. N. Khera, learned Standing counsel, Power Grid Corporation of India Limited (for short, ‘PGCI’)/ respondent No. 4. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay adequate land compensation to the petitioner including the damages that has already been caused to the WRC Field/land of the petitioner at Kamki Village, West Siang District, Arunachal Pradesh on account of construction of Aalo-Khamba 132 KV Transmission Line. 3. The brief facts of the case, is that, the petitioner is having a WRC field at Kamki Village, West Siang District, Arunachal Pradesh. According, to the petitioner, the construction of Aalo-Khamba 132 KV Transmission Line between Aalo to Khamba through the Power Grid Corporation of India which passes through the WRC field of the petitioner has caused a severe damage to the land of the petitioner. 4. Being aggrieved, the petitioner has approached various authorities for shifting of the said Transmission Line and for appropriate compensation for the damage caused to the land of the petitioner, however, as on date, the authorities have failed to address the grievance of the petitioner. 5. Mr. N. Ratan, learned Addl. Advocate General submits that since the construction of Aalo-Khamba 132 KV Transmission Line is in the public interest and it involves technicalities, it would not be possible for shifting the construction from the original plan. However, the petitioner may be entitled to compensation under the law including Telegraph Act and the guidelines issued from time to time by the Government of Arunachal Page No.# 3/4 Pradesh. 6. Mr. N. Khera, learned Standing counsel for the PGCI Limited fairly submits that the petitioner would be entitled for adequate compensation under the relevant Act, Rules and Guidelines including the Telegraph Act for which the respondent-PGCI is ready to compensate as per applicable Acts and Rules. He submits that despite best effort of the PGCI, the petitioner has refused to co-operate with the authorities in assessment for the compensation of the land. Therefore, the petitioner may be directed to co- operate with the authorities for assessment and for payment of appropriate compensation under the Relevant Acts and Rules. 7. Having considered the submissions of the learned counsel for the parties and as agreed to by, this writ petition is disposed of, at the admission stage, without embarking on the unnecessary discussion of the facts and issues, with a direction to the respondent authorities to assess the compensation as per the relevant Acts and Rules. Accordingly, the respondent authorities are directed to make assessment for payment of land compensation including the damages already stated to have been caused to the petitioner as per the relevant Acts, Rules, Guidelines and as per the notification dated 29.08.2019 issued by the Department of Power, Govt. of Arunachal Pradesh. It is also provided that the petitioner shall co- operate with the respondent authorities in assessment, as directed hereinabove. On such assessment, the respondent authorities i.e. the PGCI shall pay the compensation to the petitioner in accordance with law. The exercise, as directed, hereinabove, shall be done within a period of 2 (two) months from the date of receipt of certified copy of this order. It is also further directed that the petitioner shall not create any hindrance to the Page No.# 4/4 construction of Aalo-Kamba 132 KV Transmission Line. Writ petition stands disposed of, in terms above. JUDGE Comparing Assistant