Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/509/2026 DHANJIT SARANIA S/O- RAMA KANTA DAS R/- VILL- LOKPALA P.O- BORIMAKHA, P.S- BARBORI, DIST- RAKSA, BTC ,ASSAM. PIN- 781333 2: RAMA KANTA DAS S/O- LATE BILASH DAS R/O- VILL- LOKPALA P.O- BORIMAKHA P.S- BARBORI DIST-BAKSA BTC ASSAM. PIN-781333 3: MADHABI RABHA W/O- NABIN CH. DAS R/O- VIIL- LOKPALA P.O - BORIMAKHA P.S- BARBORI DIST- BAKSA BTC ASSAM. PIN-781333 4: SRI KISHOR SARANIA S/O- LATE BILASH SARANIA R/O-VILL-- LOKPALA P.O- BORIMAKHA P.S- BARBORI DIST- BAKSA BTC ASSAM. PIN- 781333 5: SRI HAREN SARANIA S/O- LATE BILASH SARANIA R/O-VIL- LOKPALA P.O - BORIMAKHA P.S- BARBORI DIST- BAKSHA BTC ASSAM. PIN-781333 6: MANOMATI SARANIA W/O- HAREN SARANIA R/O-VILL- LOKPALA P.O - BORIMAKHA P.S- BARBORI DIST- BKSHA BTC ASSAM. PIN- 781333 7: TIKEN SARANIA S/O- KAMALA KANTA DAS R/O-VILL- LOKPALA P.O - BORIMAKHA P.S- BARBORI DIST- BAKSHA BTC ASSAM. PIN- 781333
Page No.# 2/4 8: SMTI NILIMA SARANIA W/O- LATE LABAN SARANIA R/O-VILL- LOKPALA P.O - BORIMAKHA P.S- BARBORI DIST- BAKSHA BTC ASSAM. PIN-78133 VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF POWER, SHRAM SHAKTI BHAWAN, RAFI MARK, NEW DELHI-110001 2:THE GOVERNMIENT OF ASSAM REPRESENTED BY ITS COMMISSIONER SECRETARY DEPARTMENT OF REVENUE DISPUR GUWAHATI-06 3:THE MANAGING DIRECTOR ASSAM ELECTRICITY GRID CORPORATION LIMITED BIJULI BHAWAN PALTAN BAZAR GUWAHATI-01 4:THE MANAGER 220KV D/C SALAKTIRANGIA TRANSMISSION LINE CONSTRUCTION ASSAM ELECTRICITY GRID CORPORATION LIMITED SORBHOG PIN-781317 DISTRICT-BARPETA ASSAM 5:THE ASSISTANT GENERAL MANAGER 132KV GRID SUB-STATION ASSAM ELECTRICITY GRID CORPORATION LIMITED CHIRAKUNDI RANGIA DISTRICT-KAMRUP ASSAM PIN781354 6:THE DEPUTY COMMISSIONER BAKSA P.O.-MUSHALPUR BTAD ASSAM
Page No.# 3/4 PIN-781343 7:THE CIRCLE OFFICER BASKA REVENUE CIRCLE P.O.-BORIMAKHA DISTRICT-BAKSA BTAD ASSAM PIN-78134 Advocate for the Petitioner : MR. S A AHMED, MISS M GOGOI,MS. K DAS,MR. F A AHMED Advocate for the Respondent : GA, ASSAM, SC, AEGCL,SC. BTC,SC, REVENUE,DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 04.02
.2026
Heard Mr. S. A. Ahmed, the learned counsel appearing on behalf of all the Petitioners. I have also heard Ms. K. Phukan, the learned Standing counsel appearing on behalf of the AEGCL as well as its Officials; Mr. A. Bhattacharjee, the learned Standing counsel appearing on behalf of the Revenue Department and Mr. N. Das, learned Government Advocate. 2.
The Petitioners are aggrieved by the non-payment of the Zirat as well as also for the adequate compensation in respect to the right of the use of the land which was acquired by the Respondent Authorities. 3. It is the case of the Petitioners that some of the Petitioners have received certain amount on account of the value of the land but there is no compensation paid on account of Zirat and in respect to some other Petitioners, they are yet to receive any compensation. 4. This Court duly takes note of that by virtue of Section 164 of the Electricity
Page No.# 4/4 Act, 2003, the provisions of the Indian Telegraph Act, 1885 have been made applicable in the matter of construction of overhead line by the licensee. Section 10 of the Indian Telegraph Act, 1885 deals with the powers of the authority to place and maintain telegraph lines and posts. Section 16(3) of the Indian Telegraph Act, 1885 provides that in case of any dispute as regards the sufficiency of the compensation, an application may be made before the District Judge within whose jurisdiction the property is situated. 5. Taking into account that the Petitioners herein are aggrieved on account of insufficiency of the compensation or no payment of compensation, the Petitioners herein would be well advised to approach the learned District Judge, Baksa in terms with Section 16 of the Indian Telegraph Act, 1885. In the circumstance, the said application is filed by the Petitioners within a period of 30 days from today, the learned District Judge, Baksa shall proceed with the adjudication of the said proceedings in accordance with the applicable provisions of law. 6. With above observations and directions, the instant batch of writ petition stands disposed of. JUDGE Comparing Assistant