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2025 DAILYLAW 447 (MEG)

ROMESA BIBI v. ASSAM ELECTRICITY GRID CORPORATION LIMITED AND 2 ORS.

WP(C)/51/2024 · 2025-02-13

H S Thangkhiew

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No. 23 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 51 of 2024 Date of Decision: 13.02.2025 Smti. Romesa Bibi W/o Lt. Mozial Hoque :::Petitioner -Vs- 1.Assam Electricity Grid Corporation Limited, 1st Floor Bijulee Bhawan, Paltan Bazar, Guwahati, Assam 2.Assistant General Manager, Goalpara Transmission Division, AEGCL, Agia, Gaolpara, Assam 3.Sub-Divisional Officer, Maintenance Sub-Division, AEGCL, Agia, Goalpara, Assam 4.Deputy Commissioner, West Garo Hills Meghalaya [Impleaded as per Court’s Order Dated 25.04.2024 passed in MC[WPC] No. 54 of 2024 5.Shri. Mathiash M. Sangma (Nokma of Wadagokgre Aking land) R/o Katholbari, P.O Old Bhaitbari West Garo Hills District, Meghalaya [Impleaded as per Court’s Order Dated 25.09.2024 passed in MC[WPC] No. 168 of 2024 :::Respondents 2025:MLHC:61 2 Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner/Appellant(s) : Mr. S.A. Sheikh, Adv. For the Respondent(s) : Ms. K. Phukan, Adv. (For R 1-3) Mr. H. Abraham, GA (For R 4) Mr. A.G. Momin, Adv. (For R 5). i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No JUDGMENT AND ORDER (ORAL) 1. The writ petitioner is before this Court praying for directions for payment of compensation along with interest caused to the damage of land and trees for constructions of transmission towers on her land by the respondents No. 1, 2 and 3. 2. Mr. S.A. Sheikh, learned counsel for the petitioner submits that though the writ petition had been filed and carried on for some length of time, due to the averments made in the affidavits of the respondents No. 1, 2 and 3 i.e. the Assam Electricity Grid Corporation Limited, and the respondent No. 4 i.e. the Deputy Commissioner, alternative remedy will have to be pursued for redressal of the petitioner’s grievances. He prays that 2025:MLHC:61 3 he may be allowed to withdraw the same with liberty to take recourse to appropriate alternative remedy. 3. Mr. H. Abraham, learned GA on behalf of the State respondent No. 4 has also referred to the statements made in the affidavit showing the factum that compensation has been awarded to other entities, as also, Ms. K. Phukan, learned counsel on behalf of the respondents No. 1-3, who has also drawn the attention of this Court to the affidavit of the said respondents, wherein it is found that the land does not belong to the petitioner. 4. Mr. A.G. Momin, learned counsel on behalf of the respondent No. 5 submits that compensation has been paid to the respondent No. 5, as he is the rightful owner of the land. 5. As it is clear that disputed facts have arisen with regard to the release of compensation, as also the dispute over the land in question, the writ petitioner is permitted to withdraw the instant writ petition, with liberty to pursue alternative remedy. 6. Matter accordingly stands closed and disposed of. Judge Meghalaya 13.02.2025 “D.Thabah-PS” 2025:MLHC:61 Digitally signed by DARIHUN THABAH Date: 2025.02.13 16:14:56 IST