Gauhati High Court
WP(C)/662/2019 on 28 February, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/18
GAHC010019432019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(C) No. 662/2019
Hatigor Tea Estate,
P.O. - Bochapathar,
Via Dikom, District - Dibrugarh,
Pin-786010,
A partnership firm
constituted under the
provision of the Indian Partnership Act, 1932,
being represented by its one of the partners,
Sri Vinod Agarwal.
.................. Petitioner
-Versus-
1. The Union of India
Represented by the Principal Secretary,
Ministry of Power,
having its office at Shram Shakti Bhawan,
New Delhi-110001.
2. The State of Assam
Being represented by the Principal Secretary,
Power (Electricty Deptt.)
having its office at D Block,
Ground Floor, Janata Bhawan,
Dispur, Guwahati-781006.
3. The Power Grid Corporation of India Ltd.,
A company incorporated under the provisions of
the Companies Act 1956
and is an existing company under the
Provisions of the Companies Act, 2013,
having its registered office at
Page No.# 2/18
B-9, Qutub Institutional Area,
Katwaria Sarai, New Delhi-110016
and having its NERPSIP Office
at Milan Nagar, Lane-D, Dibrugarh, Pin-786003.
4. The Chief Manager
Power Grid Corporation of India Ltd.,
having his office at NERPSIP Office,
Milan Nagar, Lane-D,
Dibrugarh, Pin-786003.
5. The Assam Electricity Grid Corporation Ltd.,
a company incorporated
under the Companies Act, 1956,
and is an existing company
under the provisions of the Companies Act, 2013
and having its registered office
at Bijulee Bhawan, 1st Floor,
Paltan Bazar, Guwahati-781001.
6. The Secretary
to the Government of Assam,
Power Electricity Department, D Block,
Ground Floor, Janata Bhawan,
Dispur, Guwahati-781006.
7. The Joint Secretary
to the Government of Assam,
Power Electricity Department, D Block,
Ground Floor, Janata Bhawan,
Dispur, Guwahati-781006.
...................Respondents
Advocates :
Petitioner : Mr. R. Dubey,
Respondent nos. 3 & 4 : Mr. R.K. Talukdar, Advocate
Respondent no. 5 : T.J. Mahanta, Senior Advocate,
: Ms. P. Bhattacharjee, Standing Counsel,
Assam Electricity Grid Corporation Limited
Respondent nos. 6 & 7 : Ms. M. Barman, Junior Government Advocate, Assam.
Date of Hearing & Order : 28.02.2022
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BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT & ORDER
The petitioner has preferred this writ petition under Article 226 of the Constitution of India challenging inter-alia a notice bearing reference no. NERPSIP/DBR/1011/06C/896 dated 07.04.2018 [Annexure-1], addressed to the petitioner by the respondent no. 4, and a notice bearing reference no. NERPSIP/DBR/1011/06C/901 dated 06.07.2018 [Annexure-5], also addressed to the petitioner by the respondent no. 4, and seeking a direction to the respondent authorities to determine and pay compensation in respect of the lands sought to be used by the respondent authorities to install a transmission line and erect 2 [two] towers over the land of the petitioner in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ['the RFCTLARR Act, 2013', for short] read with Order bearing no. S.O.2368[E] dated 28.08.2015 of the Ministry of Rural Development, Government of India, which has been published in the Gazette of India in its issue dated 28.08.2015.
2. The petitioner, a partnership firm, owns a tea estate by the same name in lands located in Village - Khuiherbari, Mouza - Madarkhat in the district of Dibrugarh.
3. The impugned notice dated 07.04.2018 was addressed to the petitioner by the respondent no. 4. As per the notice, the North Eastern Region Power System Improvement Project [NERPSIP] is a project under the Ministry of Power, Government of India. The implementation of the NERPSIP has been Page No.# 4/18 entrusted to the Power Grid Corporation of India Limited [PGCIL], a Government of India Enterprise [the respondent no. 3], by the Government of India on behalf of the Assam Electricity Grid Corporation Limited [AEGCL], a Government of Assam Enterprise. As part of the NERPSIP, a 220 KV D/C transmission line is to be constructed from Tinsukia to Dibrugarh. As per the approved route alignment, the transmission line would pass through the petitioner tea estate in which 2 [two] nos. of 220 KV Towers [Location no. 35/1 & Location no. 35/2] would be installed at different areas. The notice had further mentioned that the NERPSIP being a time bound project, was to be completed within the stipulated period of time, as fixed by the Government. The notice had also mentioned that the compensation amount would be released by the PGCIL through the AEGCL, as per the valuation determined by the Deputy Commissioner, Dibrugarh. The petitioner was thereby requested to extend its cooperation and support for construction of the transmission line and to depute its representatives for conducting a joint survey, which would be conducted by the officials of the PGCIL, the AEGCL and the revenue authorities. The notice had also mentioned that the construction of the transmission line was being done in exercise of the powers vested by the provisions of the Indian Telegraph Act, 1885 and the Electricity Act, 2003 as well as by notification dated 16.03.2016 issued by the Government of Assam in the Power [Electricity] Department.
4. On receipt of the notice dated 07.04.2018, the petitioner had submitted a reply letter dated 04.07.2018 [Annexure-4] to the respondent no. 4 stating that the petitioner would be entitled to receive compensation under the provisions of the RFCTLARR Act, 2013 and as such, the impugned notice dated 07.04.2018 was liable to be withdrawn. The petitioner had further requested for issuance of Page No.# 5/18 a fresh notice to it under the RFCTLARR Act, 2013.
5. The impugned notice dated 06.07.2018 was thereafter, addressed to the petitioner by the respondent no. 4, in response to the petitioner's reply letter dated 04.07.2018. As per the notice, the Government of Assam in the Power [Electricity] Department has notified the rates for payment of compensation towards damages in Right of Way for transmission lines by a notification no. PEL.219/2015/91 dated 10.03.2017 [Annexure-3]. It has, thereby, been clarified that the payment of compensation would be governed by the notification dated 10.03.2017 read with the notification dated 16.03.2016 and not as per the provisions of the RFCTLARR Act, 2013. It has also been clarified that the zirat compensation would be separately admissible to the damaged crops/trees, etc. during construction based on the assessment and certification by the revenue authorities for the actual damages caused.
6. On receipt of the said notice dated 04.07.2018, the petitioner responded by another letter dated 14.07.2018 reiterating its earlier stand taken in its reply letter dated 04.07.2018. The respondent no. 4 responded to the said letter dated 14.07.2018 by sending a reply through its lawyer on 25.07.2018 wherein it reiterated what had been mentioned in the 2 [two] notices, referred above.
7. Aggrieved thereby, the petitioner has preferred this writ petition seeking the reliefs, mentioned above.
8. I have heard Mr. R. Dubey, learned counsel for the petitioner; Mr. R.K. Talukdar, learned counsel for the respondent nos. 3 & 4; Mr. T.J. Mahanta, Page No.# 6/18 learned Senior Counsel assisted by Ms. P. Bhattacharjee, learned Standing Counsel, AEGCL for the respondent no. 5; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 6 & 7.
9. Mr. Dubey, learned counsel for the petitioner reiterating the facts, noted above, has submitted that it is a matter of acquisition of land and as such, the petitioner is entitled to receive compensation under the provisions of the RFCTLARR Act, 2013. In support of his submissions, he has referred to the Order bearing no. S.O.2368[E] dated 28.08.2015 named as 'the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Removal of Difficulties] Order, 2015 [hereinafter referred to as 'the RFCTLARR [Removal of Difficulties] Order, 2015', for easy reference].
10. Both Mr. Talukdar, learned counsel for the respondent nos. 3 & 4 and Mr. Mahanta, learned Senior Counsel for the respondent no. 5 have submitted that the respondent PGCIL and the respondent AEGCL have acted under the provisions of the Indian Telegraph Act, 1885 and the Electricity Act, 2003 in installation of 220 KV D/C transmission line from Tinsukia to Dibrugarh. It is their submission that there is no question of land acquisition is involved in installation of the transmission line over the land of the petitioner tea estate and in installation of 2 [two] nos. of 220 KV Towers on the land belonging to the petitioner tea estate. In such view of the matter, neither the provisions of the RFCTLARR Act, 2013 nor the provisions of the RFCTLARR [Removal of Difficulties] Order, 2015 would be applicable. Mr. Talukdar has also referred to the averments made in the affidavit-in-opposition filed on behalf of the respondent nos. 3 & 4.
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11. I have considered the submissions of the learned counsel for the parties and have also perused the materials brought on record by the parties through their pleadings. I have also gone through the provisions of the Indian Telegraph Act, 1885; the Electricity Act, 2003; the RFCTLARR Act, 2013; and the RFCTLARR [Removal of Difficulties] Order, 2015.
12. There is no dispute with regard to the fact that the North Eastern Region Power System Improvement Project [NERPSIP] is a project under the Ministry of Power, Government of India.
13. Before dwelling on the issues raised by the petitioner herein, it is apposite to refer to the provisions of the RFCTLARR [Removal of Difficulties] Order, 2015. Section 105, RFCTLARR Act, 2013 has mentioned that the provisions of the RFCTLARR Act, 2013 are not to apply in certain cases or to apply with certain modifications. As per sub-section [1] of Section 105, the provisions of the Act, subject to sub-section [3], shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule. A power has been provided in Section 105[2] to the Central Government, by notification, to omit or add to the enactments relating to land acquisition specified in the Fourth Schedule. The provision contained in sub-section [3] of Section 105 of the RFCTLARR Act, 2013 has provided for issuing of notification to make the provisions of the RFCTLARR Act, 2013 relating to the determination of the compensation, rehabilitation and resettlement applicable to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act, 2013. As per sub-section [3] of Section 105, the Central Page No.# 8/18 Government shall, by notification, within 1 [one] year from the date of commencement of the RFCTLARR Act, 2013 direct that any of the provisions of the RFCTLARR Act, 2013 relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of the Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be. The RFCTLARR Act, 2013 came into effect from 01.01.2014. When no notification envisaged under Section 105[3] of the RFCTLARR Act, 2013 came to be issued, an ordinance by the name of RFTCLARR [Amendment] Ordinance, 2014 was promulgated on 31.12.2014 and during the subsequent period similar ordinances were promulgated extending the provisions of the RFTCLARR Act, 2013 relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act, 2013. The Electricity Act, 2003 is one of the 13 [thirteen] nos. of enactments specified in the Fourth Schedule to the RFCTLARR Act, 2013. When last of such ordinances lapsed on 31.08.2015, the Central Government considered it necessary to extend the benefits available to the land owners under the RFCTLARR Act, 2013 to similarly placed land owners whose lands are acquired under the 13 [thirteen] nos. of enactments specified in the Fourth Schedule to the RFCTLARR Act, 2013. It is in the said backdrop, the RFCTLARR [Removal of Difficulties] Order, 2015 has been made by the Central Government. Accordingly, it has been laid down that the provisions of the RFCTLARR Act, 2013, relating to Page No.# 9/18 the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act, 2013.
14. At this juncture, it is appropriate to refer to the provisions contained in Section 10 and Section 16 of the Indian Telegraph Act, 1885, which read as under :-
"10. Power for telegraph authority to place and maintain telegraph lines and posts.--The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property:
Provided that--
[a]the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained; [b] the Central Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and [c]except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and [d]in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause [c], shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
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16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority.--
[1] If the exercise of the powers mentioned in Section 10 in respect of property referred to in clause [d] of that Section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them.
[2] If, after the making of an order under sub-section [1], any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under section 188 of the Indian Penal Code, 1860 [45 of 1860]. [3] If any dispute arises concerning the sufficiency of the compensation to be paid under Section 10, clause [d], it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him.
[4] If any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section [3], that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it. [5] Every determination of a dispute by a District Judge under sub-section [3], or sub-section [4] shall be final :
Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same."
15. Section 10 of the Indian Telegraph Act, 1885 is with regard to the power of the telegraph authority to place and maintain telegraph lines and Page No.# 11/18 posts. Clause [b] of Section 10 has empowered the telegraph authority to place and maintain a telegraph line or under, over, along or across, in or upon any immovable property. At the same time, the provision of Section 10 [b] of the Indian Telegraph Act, 1885 has made specific that while acquiring the power to install a telegraph line, the Government does not acquire any right other than that of user in the property. Section 10 [d] of the Indian Telegraph Act, 1885 has laid down that the telegraph authority while exercising such powers, shall do as little damage as possible, and when the telegraph authority exercises the powers in respect of immovable properties, it shall have to pay full compensation to all persons interested for any damage sustained by reason of the exercise of the Right to Use by the telegraph authority.
16. Section 68 of the Electricity Act, 2003 mentions about overhead lines. As per sub-section [1] of Section 68, an overhead line can be installed or can be kept installed above ground in accordance with the provisions of sub-section [2] thereof, with prior approval of the Appropriate Government. As per sub-section [3] of Section 68, the Appropriate Government can impose such conditions as appears to it to be necessary while granting approval under sub-section [1]. Section 69 of the Electricity Act, 2003 speaks of notice to the telegraph authority. Section 164 of the Electricity Act, 2003 has, inter-alia, provided that the Appropriate Government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity, confer upon any public officer, licensee or any other person engaged in the business of electricity under the Electricity Act, 2003, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph authority Page No.# 12/18 possesses under the Indian Telegraph Act, 1885 with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained.
17. It is by virtue of the provisions contained in Section 68, Section 69 and Section 164 of the Electricity Act, 2003, the Appropriate Government can confer upon a licensee or any other person engaged in the business of supplying electricity under the Electricity Act, 2003, subject to such conditions and restrictions, any of the powers possessed by the telegraph authority under the Indian Telegraph Act, 1885 with respect to placing of telegraph lines and posts, for the purpose of placing of electric lines for transmission of electricity.
18. As per Section 2[38] of the Electricity Act, 2003, 'licence' means a licence granted under Section 14 of the said Act whereas as per Section 2[39] of the Electricity Act, 2003, 'licensee' means a person who has been granted a licence under Section 14. The PGCIL is a Central Transmission Utility [CTU] and the AEGCL is a State Transmission Utility [STU]. A Central Transmission Utility [CTU] or a State Transmission Utility [STU] is deemed to be a transmission licensee under the second proviso to Section 14 of the Electricity Act, 2003.
19. The Government of Assam in the Power [Electricity] Department in exercise of the powers conferred on it under Section 164 of the Electricity Act, 2003 by a notification bearing no. PEL.05/2016/102 dated 16.03.2016 has conferred on the respondent AEGCL the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885 with respect to the execution of the project, North Eastern Region Power System Improvement Project [NERPSIP] [Tranche-I] within the State of Assam, subject to the conditions Page No.# 13/18 mentioned therein including a condition to comply with all the requirements of the relevant provisions of the Electricity Act, 2003. From the contents of the notice dated 07.04.2018 and the notice dated 06.07.2018, it is noticed that the implementation of the NERPSIP has been entrusted to the PGCIL by the Government of India on behalf of the AEGCL.
20. When the route alignment of the said transmission line is approved, it has emerged that two numbers of 220 KV Towers [Location no. 35/1 & Location no. 35/2] are found necessary to be installed inside the petitioner's tea estate land and the transmission line would be installed through the said 2 [two] towers.
21. As has been noticed above, Section 10 to the Telegraph Act, 1885 has, thus, empowered the telegraph authority to place and maintain a telegraph line under, over, along or across and post in or upon any immovable property. By virtue of the provisions of Section 68, Section 69 and Section 164 of the Electricity Act, 2003, any public officer, licensee or any other person engaged in the business of supply electricity under the said Act have been similarly empowered. The provision of Section 10[b] of the Telegraph Act, 1885 has made it specific that while acquiring the power to lay down telegraph lines, the Central Government does not acquire any right other than that of user in the property. As per Section 2[5] of the Electricity Act, 2003, the Appropriate Government under the Electricity Act, 2003 can be either the Central Government or the State Government. Section 10[d] of the Indian Telegraph Act, 1885 has asked the telegraph authority to do as little damage as possible and when it exercises the powers in respect of any property, to pay full compensation to all persons interested for any damage sustained by them by Page No.# 14/18 reason of the exercise of those powers. The provisions contained in the entire Indian Telegraph Act, 1885 do not contemplate any acquisition of land. Thus, when powers under the Indian Telegraph Act, 1885 read with the Electricity Act, 2003 are conferred by the Appropriate Government on any person including a licensee or a transmission utility like the respondent CGCIL or the respondent AEGCL to install any transmission line, no process of acquisition of any immovable property is involved as it acquires only the right of user in the property.
22. The Government of India in the Ministry of Power after analyzing all the issues related to Right of Way for laying of transmission lines in the country and in order to formulate a uniform methodology for payment of compensation in that connection, had taken the views of the State Governments and thereafter, formulated a set of guidelines for determining the compensation towards 'damages' as stipulated in Section 67 and Section 68 of the Electricity Act, 2003 read with Section 10 and Section 16 of the Indian Telegraph Act, 1885 and the said guidelines have been incorporated in a Circular dated 15.10.2015. It has been provided therein that such compensation towards damages would be in addition to the compensation towards normal crop and tree damages and the compensation amount would be payable only for transmission lines supported by a tower base of 66 KV and above and not for sub-transmission and distribution lines below 66 KV. By the circular dated 15.10.2015, all the States/Union Territories have been requested to take suitable decisions regarding adoption of the guidelines considering that acquisition of land is a State subject.
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23. Following the above guidelines formulated by the Government of India, the Government of Assam has taken a decision that a similar payment methodology towards compensation shall also be adopted in the State of Assam. Accordingly, the Government of Assam in the Power [Electricity] Department has notified the following rates for payment of compensation towards damages with regard to Right of Way for transmission lines by a notification bearing no. PEL.219/2015/91 dated 10.03.2017, which was published in the Assam Gazette in its issue dated 16.05.2017, :-
· Compensation @85% of land value as determined by Deputy Commissioner/ BTC or any other competent authority based on Circle rate/Guideline value/Stamp Act rates for tower base area [between four legs at ground level] impacted severely due to installation of tower/pylon structure. · Compensation towards diminution of land value in the width of Right of Way [ROW] corridor due laying of transmission line and imposing certain restriction at a maximum rate of 15% of land value as determined by Deputy Commissioner or any other competent authority based on Circle rate/Guideline value/Stamp Act rates.
For this purpose, the width ROW corridor shall not be more than that prescribed in table at Annexure-I and shall not be less than the width directly below the conductors.
· In areas where land owner/owners have been offered/accepted alternate mode of compensation by concerned corporation/Municipality under Transfer Development Rights [TDR] policy of State, the licensee/utility shall deposit compensation amount as per [i] & [ii] above with the concerned Corporation/Municipality/Local Body or the State Government.
The above guidelines shall be effective from the date of issuance of the above mentioned Government of India guidelines and shall be applicable for only those new transmission line/projects where construction have started after this date, i.e. 15.10.2015. This guideline shall not be applicable for Page No.# 16/18 existing transmission lines which are already in service or under construction before the aforesaid date, or for maintenance of any existing transmission line.
Annexure-I ROW width for different voltage line* Transmission Voltage Width of Right of Way [in Meters] 66 KV 18 110 KV 22 132 KV 27 220 KV 35 400 KV S/C 46 400 KV D/C 46 +/- 500 KV HVDC 52 765 KV S/C [with delta configuration] 64 765 KV D/C 67 +/- 800 KV HVDC 69 1200KV 89 * Width of Right of Way is as per Ministry of Environment & Forests [MoEF] guidelines dated 05.05.2014.
This issues with the concurrence of Revenue & Disaster Management Department, Government of Assam, as well as the Finance Department, Government of Assam."
24. It is settled that once a piece of land is acquired under the RFCTLARR Act, 2013 by following the mandatory requirements, the land vests in the Government free from all encumbrances. The process of acquisition includes taking over of possession of the piece of land. Once the process of acquisition is complete the owner of the land losses his title to the Government. Unlike the acquisition of land under the provisions of the RFCTLARR Act, 2013 what is Page No.# 17/18 acquired under the provisions of the Indian Telegraph Act, 1885 r/w the Electricity Act, 2003 is the right of user. The land owner is within his rights to use the land for the same purpose for which the land was earlier being used. The land owner retains the ownership of the land and also the right to occupy and possess the land. There could, however, be some restrictions due to right of user. It can be envisaged that after installation of an electricity transmission line over a piece of land and/or erection of a tower on a piece of land there would be certain curtailment for the land owner to enjoy the land and to reap full benefits from the land.
25. In the case in hand, the Right to Use has been sought to be acquired in the land in question for installing the transmission line over the petitioner's land and to erect 2 [two] nos. of towers over the petitioner's land. What is taken is only the right of user to install the electricity transmission line over the petitioner's land and to erect 2 [two] nos. of towers on the petitioner's land and there is no intention to acquire the land.
26. There could be situations and circumstances when the Appropriate Government and/or a Transmission Utility in order to install a transmission line, electrical plant, etc. or to set up an office at a particular place for efficient distribution of electricity, etc. need a piece of land permanently. In such situations or circumstances, if the Appropriate Government and/or the Transmission Utility acquires any piece of land then it would be the provisions of the RFCTLARR Act, 2013 along with the RFCTLARR [Removal of Difficulties] Order, 2015 which would then be applicable.
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27. Coming back to the impugned notices of the case in hand, it has clearly emerged that the respondent authorities in the PGCIL and the AEGCL are going to install a 220 KV D/C transmission line over the land of the petitioner tea estate and also going to erect 2 [two] nos. of 220 KV Towers [Location no. 35/1 & Location no. 35/2] at 2 [two] different areas on the petitioner's land. The respondent authorities are not going to acquire any piece of land from the petitioner's tea estate land. In such view of the matter, the contention made on behalf of the petitioner to provide the petitioner compensation in terms of the provisions of the RFCTLARR Act, 2013 read with the RFCTLARR [Removal of Difficulties] Order, 2015 is not found sustainable.
28. In view of the discussions made above and for the reasons stated therein, the reliefs sought for by the petitioner in this writ petition are not found merited. The writ petition is, thus, found devoid of any merit and the same is liable to be dismissed. It is accordingly ordered. There shall, however, be no order as to cost.
JUDGE Comparing Assistant