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2017 DIGILAW 404 (GAU)

ASSAM POWER DISTRIBUTION COMPANY LIMITED v. PRAHLAD RAI SINGHANIA

2017-03-30

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : Ajit Singh, J. In the present appeal, the respondent is aggrieved with the installation of three concrete poles across his plot of land. The respondent, therefore, filed WP(C) No.3736/2008, which the learned Single Judge has allowed vide judgment and order dated 16.9.2015 with a direction against appellants either to pay adequate compensation to the respondent in respect of entire land for making it unsuitable or to shift the electric poles or lines from the land to some other area. Dissatisfied with the order of the learned Single Judge, the appellants have filed the present appeal. 2. During the course of hearing, the appellants and respondent have entered into an amicable settlement. They have also filed a joint application for disposal of the appeal in terms of the settlement. The terms of settlement enumerated in the application read as under: “1.That the aforesaid writ appeal has been filed by the Appellant assailing the Judgment and Order dated 16.9.2015 passed by the Hon’ble Single Judge in W.P. ( C) No. 3736/2008. The Opposite party/Writ petitioner/Applicant no. 2 prayed for shifting of 3 concrete poles and electricity line from his plot of land measuring 1B 3K 10 L situated at Nalbari Town or payment of compensation for erection of poles and drawing of line over his plot of land. The Opposite party / Writ petitioner/ Applicant no. 2 also stated that he has relinquished a strip of land measuring 6 feet width and 161 feet length in the eastern side of the plot of land to provide alternative way and also submitted a representation on 12.4.2008 before the authorities of the Appellant/Respondent/Applicant 1, but the same has not been considered. 2. That the applicants begs to state that the Appellant/Respondents/ Applicant no. 1 in their affidavit in opposition filed in the aforesaid writ petition contended that the electric line was constructed 40 years back and to cater the conversion of existing 11 K.V. Nalbari Town Feeder No. 1 to double circuit and to maintain the alignment, the Appellant/Respondents/Applicant no. 1 proposed to replace some of wooden poles with PSC poles. Accordingly wooden poles which were situated in the writ petitioner’s land were replaced. It was further stated that the electricity wire was already there when the Respondent/Writ petitioner/Applicant No.2 bought the land. 3. 1 proposed to replace some of wooden poles with PSC poles. Accordingly wooden poles which were situated in the writ petitioner’s land were replaced. It was further stated that the electricity wire was already there when the Respondent/Writ petitioner/Applicant No.2 bought the land. 3. That the Hon’ble single Judge vide a Judgment and Order dated 16.9.2015, allowed the writ petition and directed the Writ Appellant/Respondents/Applicant No.1 either to pay compensation against the entire land to the opposite party/writ petitioner/applicant no.2 or to shift the electrical poles/lines from the land of the writ petitioner/ applicant no.2 to some other area and in the process the opposite party/appellant/applicant no.1 may also utilize the land which the writ petitioner/applicant no. 2 has already relinquished and further directed that the entire exercise should be carried out within a period of 3 (three) months. Being aggrieved instant Writ Appeal has been filed by the Appellant/Respondents/Applicant No.1. 4. That the applicants beg to state that however now both the parties/ applicants has decided to resolve the dispute amicably and accordingly a telephonic discussion was held today i.e. 30.3.2017 between the parties in the presence of their counsels and they have now decided to resolve the issue amicably on the following terms: (i) The subject 11 K.V. line will be shifted nearest to the boundary wall of the Respondent /Writ petitioner from present location. (ii) That the ROW (Right of Way) shall be provided by the Respondent/Writ Petitioner. (iii) Respondent will deposit an amount of Rs. 3.75 Lakhs (approx) towards the cost of shifting the line after the approval from the concerned authority. A copy of proposal alongwith diagram enclosed herewith. (iv) The shifting work will start immediately after depositing of the aforesaid amount by the Respondent/Writ Petitioner. (v) The writ appellant will ensure that the work will be completed within 30 days from the date of deposit of the aforesaid amount towards cost of shifting subject to favourable weather conditions. 5. That in view of the above this Hon’ble Court may now dispose of the Writ Appeal so that applicants can settle the issue amicably.” Having regard to the compromise arrived at between appellants and respondent, we finally dispose of this appeal in terms of the above quoted settlement. In the result, the impugned judgment and order stands modified to the above extent.