JUDGMENT : Heard Mr. M. Pertin, learned Senior Counsel assisted by Mr. K. Dabi, learned counsel for the petitioners. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents No.1 to 8 and 11 and Mr. N. Khera, learned Standing Counsel for the Power Grid Corporation of India, representing respondents No.9 and 10. 2. By filing this writ petition, the petitioners have prayed for declaration of the Preliminary Notification No.136/74 dated 01.12.1975 (proposing to constitute ‘Dikari (Deka) Reserve Forest’ under Section 5 of the Assam Forest Regulation, 1891) having no enforceability after lapse of considerable period, as deemed lapse. The petitioners further pray for a direction to the respondent authorities to acquire the land and pay adequate compensation of the land and the standing properties of the petitioners as per the relevant law. 3. The case in brief, is that, the petitioners are the residents of New Seren, Seren, Pam, Old Deka, New Deka, Potte, Telam, New Telam villages under New Seren Circle, Lower Siang District, Arunachal Pradesh. The said villages were established in the year 1920 prior to the establishment of Siang District. The inhabitants of the said villages are by Galo tribe and the majority of the people are sustaining their livelihood on cultivation including Jhum over their ancestral land since time immemorial. The people of the area being the indigenous tribal population of Arunachal Pradesh are dependent on cultivation on their individual and community land having individual and community ownership and title of land. The customary rights of the tribal population in the State are recognized under various laws. The petitioners being the permanent residents of aforesaid villages have been enjoying the present land individually or community over 11008 Ha.(appx.) of land which falls under the proposed Dikari (Deka) Reserve Forest. The petitioners are having their dwelling houses since time immemorial and have established their agriculture field, rubber garden, areca nut (tamul) garden, palm oil garden, orange garden, bamboo grove and other valuable trees and garden in their respective villages. 4. The petitioners are having their dwelling houses since time immemorial and have established their agriculture field, rubber garden, areca nut (tamul) garden, palm oil garden, orange garden, bamboo grove and other valuable trees and garden in their respective villages. 4. The contention of the petitioners is that while they are in peaceful possession of the land, the Power Grid Corporation of India, the respondents No.9 and 10 herein, with the approval of the State authorities, however, without any formal acquisition and information to the land owners and the villagers, has started to gather materials for construction of High Transmission Towers by engaging their agents on the land and properties of the petitioners. On enquiry, the petitioners came to know that under comprehensive scheme for strengthening transmission and distribution system by the Department of Power, Govt. of Arunachal Pradesh in the East and Lower Siang District, has approved for diversion of land for construction of 132 KV transmission line from Likabali to Niglok which is being carried out by the Power Grid Corporation of India. The petitioners contend that the respondent authorities are trying to forcefully evict the petitioners from their own land without due process of law. Having come to know such of project for construction of transmission line over the land of the petitioners, they have protested and the respondent authorities had told that the land and properties of the petitioners falls under Dikari (Deka) Reserve Forest and an area of diverted 54.17 Ha. land of the petitioners has been proposed to be diverted. The petitioners submitted a representation before the Deputy Commissioner, Likabali, Lower Siang District and the Additional Deputy Commissioner, Nari. The Additional Deputy Commissioner, Nari has clarified to the Deputy Commissioner, Likabali that though the reserve forest exists within the New Seren Circle, but the Power Grid Corporation of India Ltd. insisted that New Seren Circle falls under Dikari (Deka) Reserve Forest. It has been clarified that such an action would cause deprivation to the public i.e., the land owners of their rights of fair compensation and they are aggrieved of such deprivation. In the year 1975, a preliminary notification under Section 5 of the Assam Forest Regulation, 1891 was published for constitution of Dikari (Deka) Reserve Forest over the land of the petitioners. In the year 1975, a preliminary notification under Section 5 of the Assam Forest Regulation, 1891 was published for constitution of Dikari (Deka) Reserve Forest over the land of the petitioners. The major portion of proposed Dikari (Deka) Reserve Forest falls under the community/jhum land of the petitioners’ villages and rest falls under the individual ownership of petitioners and other villages. When the notification was issued on the opposition of the villagers, on the ground that the idea of reserve forest due to lack of cultivable land as WRC field are not vast and they are engaged in jhum cultivation and they have already donated other jhum land which has already been notified and the authority has assured for an alternative site for cultivation for the villagers at Gali area (which is at present falls under Jonai Sub-Division of Assam) in lieu of Dikari (Deka) Reserve Forest, despite serious opposition from all the public. 5. The Deputy Commissioner, Siang District, Pasighat, vide letter dated 09.01.1989 conveyed to the PCCF, Govt. of Arunachal, Itanagar that no final notification under Section 17 of the Assam Forest Regulation, 1891 has been passed by the respondent authorities nor any further hearing was conducted by the Forest Settlement Officer. It is contended that thereafter, the respondent authorities have not taken any steps for constitution of Dikari (Deka) Reserve Forest and the same got lapsed. As the petitioners are the owners of the land, they are still engaged in cultivation over the land without any obstruction from any angle since so many years as the petitioners are the rightful owners having individual/community ownership over the land. The petitioners contend that since the proposal for constitution of Dikari (Deka) Reserve Forest has been abandoned and it has got lapsed and there is no dispute to the ownership of the land by the petitioners either individually or community, the land in question cannot be taken away without due process of law. Therefore, the action of the respondent authorities in constructing 132 KV transmission line over the land of the petitioners without acquiring the land and payment of any compensation of the land and standing properties would be in violation of right of the petitioners. 6. Mr. Therefore, the action of the respondent authorities in constructing 132 KV transmission line over the land of the petitioners without acquiring the land and payment of any compensation of the land and standing properties would be in violation of right of the petitioners. 6. Mr. M. Pertin, learned Senior Counsel for the petitioners, referring to the provisions of the Indian Telegraph Act, 1885 and the Electricity Act, 2003, submits that under Section 10 and Sections 67 and 68 of the said Acts, the petitioners are entitled to compensation for construction of transmission line of 132 KV over the land of the petitioners. He further submits that the title and ownership of the petitioners over the said land are undisputed as the proposed constitution of reserve forest of the said land has been abandoned long back and it got lapsed. Therefore, he submits that the respondent authorities may be directed to pay compensation as per law for the land wherein 132 KV transmission land are being constructed by the Power Grid Corporation of India, the respondents No.9 and 10 herein, as the petitioners cannot be deprived of their land without due process of law. 7. Mr. Pertin, learned Senior Counsel submits that under Section 10(d) of the Indian Telegraph Act, 1885, power is conferred upon the Power Grid to place and maintain telegraph lines and posts in any immovable properties, however, as per Section 10(d), the Power Grid shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers. Thus, the respondent authorities are liable to pay compensation to the petitioners who are land owners and having land standing properties thereon. He submits that before installation of transmission line, a notice under Indian Telegraph Act is ought to be served to the land owners informing the proposed transmission line is being routed through the property of the individual concerned. 8. Mr. N. Ratan, learned Additional Advocate General, while referring to the record, submits that the preliminary notification of the proposed Dikari (Deka) reserve forest in the present New Seren Circle was issued on 16.12.1975 for an area measuring 11008 Ha.(appx.). Since then no follow up action was taken up by the authorities to complete the final notification. 8. Mr. N. Ratan, learned Additional Advocate General, while referring to the record, submits that the preliminary notification of the proposed Dikari (Deka) reserve forest in the present New Seren Circle was issued on 16.12.1975 for an area measuring 11008 Ha.(appx.). Since then no follow up action was taken up by the authorities to complete the final notification. Due to serious opposition from the public, the then Deputy Commissioner, East Siang District, Pasighat sent a letter to the Chief Conservator of Forest, Govt. of Arunachal Pradesh, Itanagar vide dated 09.01.1989 has suggested that the forest authority to keep in abeyance the process of final settlement of the proposal Dikari (Deka) Reserve Forest. Thereafter, no official response has been made by the authority concerned. He submits that the Additional Deputy Commissioner, Nari has conducted verification of the area in the presence of the concerned officers i.e., DLR&SO, Lower Siang District and RFO, Nari Range on 19.09.2024. The verification report reflects that the area in contention does not fall under any reserve forest and the same was also utilized for APNA-VAN scheme by the public/farmers during the year 1991 to 1998. The ADC, Nari has clearly specified that there is no reserve forest exist in the area which is supported by the certificate issued by the Divisional Forest Officer, Pasighat Forest Division, Pasighat and Ranger Forest Officer, Nari Forest Range, Lower Siang District certifying that the construction of 132 KV Power Grid Corporation India Limited transmission line from Seren to Old Telam stretch does not falls under declared reserve forest. Accordingly, a Board was constituted by the ADC, Nari for verification and assessment of the land and surface damages due to construction of 132 KV transmission line from Seren to Old Telam stretch under Likabali to Niglok transmission line being undertaken by the respondents No.9 and 10. Accordingly, assessment of the land and surface damages were carried out and details have been submitted to the office of the Chief Engineer(P), Transmission, Planning and Monitoring Zone-cum-Chairperson, SPIU, CSST AND DS, Itanagar, Govt. of Arunachal Pradesh for payment of compensation. He accordingly submits that in view of above, the land of the petitioners does not falls under reserve forest, however, it still remains as forest land and the land in question are under complete and genuine possession of the public. 9. The Forest Department, Govt. of Arunachal Pradesh for payment of compensation. He accordingly submits that in view of above, the land of the petitioners does not falls under reserve forest, however, it still remains as forest land and the land in question are under complete and genuine possession of the public. 9. The Forest Department, Govt. of Arunachal Pradesh by filing affidavit has stated that since the preliminary notification has been issued by the competent authority under Section 5 of the Assam Forest Regulation, 1891, the status of the land remains the forest land and it cannot be concluded that the area does not fall under the reserve forest. Giving detail names of the area, it is stated that even if the constitution process of the area is not completed, it is deemed to be reserve forest and in any case, the status remains to be forest land. Therefore, contradicting the declaration of the Additional Deputy Commissioner, Nari, the Forest Department has affirmed in view of the decision of the Hon’ble Supreme Court, the area remains the forest land. In view of the land remains forest land on the request of the Department of Power, Govt. of Arunachal Pradesh, final approval for diversion of 135.47 Ha. forest land for construction of 132 KV transmission line from Likabali to Niglok under comprehensive scheme for strengthening of the transmission and distribution system was granted vide dated 27.12.2021 and required prior approval of the central government has also been obtained for said diversion under the Forest (Conservation) Act, 1980. 10. Mr. N. Khera, learned Standing Counsel for the Power Grid Corporation of India, submits that for implementation of project in question, various approval were granted by the central government for diversion of lands for construction of 132 KV transmission line from Likabali to Niglok under comprehensive scheme for strengthening of the transmission and distribution system by Department of Power, Govt. of Arunachal Pradesh in East and Lower Siang District of Arunachal Pradesh subject to compliance of certain conditions. While granting such approvals, one of the conditions that finds mentioned is that the legal status of the forest land shall remain unchanged, which, therefore, implies that the land in question are forest land. The Govt. of Arunachal Pradesh in East and Lower Siang District of Arunachal Pradesh subject to compliance of certain conditions. While granting such approvals, one of the conditions that finds mentioned is that the legal status of the forest land shall remain unchanged, which, therefore, implies that the land in question are forest land. The Govt. of Arunachal Pradesh has also accorded approvals for diversion of certain land for the project while maintaining the status of the land being forest land and accordingly, the respondents No.9 and 10 have proceeded ahead with the work. He submits that the Power Grid is not acquiring any land, it is only using the land by way of process of Right of Way (RoW) for the purpose of which the Power Grid is only bound to pay surface damage, tree, crop etc. compensation and diminution of land value to the landowners. He refers to the provision under Section 10(b) of the Indian Telegraph Act, 1885 which provides that 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. 11. Mr. Khera, learned Standing Counsel further submits that in terms of the Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which refers to the fourth schedule of the Act, which has a list of enactments regulating land acquisition and rehabilitation and resettlement wherein the Electricity Act, 2003 has also been listed at Serial No.12 and Sub-Section (1) of Section 105 of the Act of 2013, shall not apply to the Electricity Act, 2003. Therefore, since the Power Grid functions under the Electricity Act, 2003, by virtue of Sub Section (1) of Section 105 of the Act of 2013, the said Act, 2013, the provisions shall not apply to the Power Grid. Therefore, since the respondents No. 9 and 10 are not acquiring the land, they are not liable to pay any compensation to the petitioners under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, he fairly submits that they may be liable under the provisions of the Indian Telegraph Act, 1885 and the Electricity Act, 2003. However, he fairly submits that they may be liable under the provisions of the Indian Telegraph Act, 1885 and the Electricity Act, 2003. He submits that even if the compensation/damages in terms of the Indian Telegraph Act and the Electricity Act, is to be paid, proper assessment of damage as required under the Acts has to be determined and assessed, and rightful owners of the land has to be determined. At the same time, the respondents No.9 and 10 have proceeded with the work after completion of required procedure under the Act as the land is under the reserve forest or is a forest land which necessary approvals have been granted by all the appropriate authorities. 12. I have considered the submissions of the learned counsel for the parties and also perused the materials available on record. 13. The issue(s) to be determined in this present proceeding is as to whether the petitioners are the owners of the land over which 132 KV transmission line construction is being undertaken by the respondents No.9 and 10, i.e. the Power Grid Corporation of India or the land falls under the reserve forest or the same is a forest land. In case the land in question does not fall under the reserve forest/forest land, whether the petitioners are entitle to compensation for using the land for construction 132 KV transmission line and if entitled, under what provisions of law. 14. It is an admitted position that the petitioners are the permanent resident of the aforesaid villages and construction of 132 KV transmission line under comprehensive scheme shall be over the land in question. It is also an admitted position that the preliminary notification was issued 01.12.1975 for constitution of Dikari (Deka) Reserve Forest, consists of land in question, claimed by the petitioner. It is noticed that the preliminary notification could not be brought to its logical conclusion by finalizing the notification constituting the proposed Dikari (Deka) Reserve Forest. Records also reveals that there is no final notification notifying the Dikari (Deka) Reserve Forest except the aforementioned preliminary notification issued way back in the year 1975, which was put to hold on the opposition of people of the area including the petitioners. 15. As per the order(s) passed by the Hon’ble Supreme Court from time to time, the land consists of the area remains the forest land. 15. As per the order(s) passed by the Hon’ble Supreme Court from time to time, the land consists of the area remains the forest land. However, the State like Arunachal Pradesh has a peculiar system of ownership over the land customarily either by individually or community. On perusal of the records although various approvals have been granted by the different appropriate authorities for diversion of the said land for construction of 132 KV transmission line under comprehensive scheme, unless the land being owned by the people including the petitioners are notified as reserve forest, the right and title over the land by the people including the petitioners cannot be brushed aside. Thus, in my considered opinion the petitioners are having the title and ownership over the land, although the land remains as forest land. 16. Having viewed that the petitioners are the owners of the land in question in terms of the categorical statement of the Additional Deputy Commissioner of the concerned area that there is no reserve forest in the area and proper verification and assessment has been made with regard to the constitution of reserve forest as well as the assessment, I am of the view that the petitioners would be entitled for compensation/damages. 17. Sections 10 and 16 of the Indian Telegraph Act, 1885, provides which are reproduced herein under: “10. 17. Sections 10 and 16 of the Indian Telegraph Act, 1885, provides which are reproduced herein 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 1[Central Government], or to be so established or maintained; (b) the 1[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; (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. 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 (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. (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.” 18. Sections 67 and 68 of the Electricity Act, 2003 reads which is reproduced herein below: “67. Provisions as to opening up of streets, railways, etc:(1) A licensee may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as – (a) to open and break up the soil and pavement of any street, railway or tramway; (b) to open and break up any sewer, drain or tunnel in or under any street, railway or tramway; (c) to alter the position of any line or works or pipes, other than a main sewer pipe; (d) to lay down and place electric lines, electrical plant and other works; (e) to repair, alter or remove the same; (f) to do all other acts necessary for transmission or supply of electricity. (2) The Appropriate Government may, by rules made by it in this behalf, specify, - (a) the cases and circumstances in which the consent in writing of the Appropriate Government, local authority, owner or occupier, as the case may be, shall be required for carrying out works; (b) the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works; (c) the nature and period of notice to be given by the licensee before carrying out works; (d) the procedure and manner of consideration of objections and suggestion received in accordance with the notice referred to in clause (c); (e) the determination and payment of compensation or rent to the persons affected by works under this section; (f) the repairs and works to be carried out when emergency exists; (g) the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefor; (h) the procedure for carrying out other works near sewers, pipes or other electric lines or works; (i) the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc.; (j) the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof; (k) the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works; (l) the procedure for undertaking works which are not repairable by the Appropriate Government, licensee or local authority; (m) the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc.; (n) the manner of restoration of property affected by such works and maintenance thereof; (o) the procedure for deposit of compensation payable by the licensee and furnishing of security; and (p) such other matters as are incidental or consequential to the construction and maintenance of works under this section. (3) A licensee shall, in exercise of any of the powers conferred by or under this section and the rules made thereunder, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him. (3) A licensee shall, in exercise of any of the powers conferred by or under this section and the rules made thereunder, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him. (4) Where any difference or dispute [including amount of compensation under sub-section (3)] arises under this section, the matter shall be determined by the Appropriate Commission. (5) The Appropriate Commission, while determining any difference or dispute arising under this section in addition to any compensation under sub-section (3), may impose a penalty not exceeding the amount of compensation payable under that sub-section. 68. Overhead lines: ---- (1) An overhead line shall, with prior approval of the Appropriate Government, be installed or kept installed above ground in accordance with the provisions of sub-section (2). (2) The provisions contained in sub-section (1) shall not apply- (a) in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is used or intended to be used for supplying to a single consumer; (b) in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation; or (c) in such other cases, as may be prescribed. (3) The Appropriate Government shall, while granting approval under subsection (1), impose such conditions (including conditions as to the ownership and operation of the line) as appear to it to be necessary. (4) The Appropriate Government may vary or revoke the approval at any time after the end of such period as may be stipulated in the approval granted by it. (5) Where any tree standing or lying near an overhead line or where any structure or other object which has been placed or has fallen near an overhead line subsequent to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, an Executive Magistrate or authority specified by the Appropriate Government may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he or it thinks fit. (6) When disposing of an application under sub-section (5), an Executive Magistrate or authority specified under that sub-section shall, in the case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee. 19. Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, provides which is reproduced herein below: “105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.- (1) Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule. (2) Subject to sub-section (2) of section 106, the Central Government may, by notification, omit or add to any of the enactments specified in the Fourth Schedule. (3) The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provisions of this Act 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 this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be. (4) A copy of every notification proposed to be issued under sub-section (3), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament….” 20. On bare reading of the provisions of the Indian Telegraph Act and the Electricity Act and Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as extracted hereinabove, it goes to show that Section 10 gives telegraph authorities the power to place and maintain telegraph lines and posts, including on or across immovable property. However, the telegraph authority should exercise these powers for the purpose of establishing or maintaining a telegraph established or maintained by the Central Government, do as little damage as possible and pay full compensation to anyone who suffers damage when the telegraph authority exercises these powers on property other than that of a local authority. Therefore, the petitioners are entitled for compensation/damages under these provisions and not under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 21. It is also noticed that the petitioners by filing additional-affidavit fairly admitted that they are entitled to compensation under the Indian Telegraph Act and the Electricity Act and not claiming compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 22. It is further taken note that the claim of the petitioners is fortified by the notification of the Govt. of Arunachal Pradesh dated 29.08.2019, which is extracted herein below: “GOVERNMENT OF ARUNACHAL PRADESH A.P CIVIL SECRETARIAT DEPARTMENT OF POWER BLOCK NO.15 FLOOR, ROOM NOLITANAGAR PWRS/E-2462/2013(P1-11) Dated, Itanagar the 29 August, 2019 NOTIFICATION The Governor of Arunachal Pradesh is pleased to adopt and notify the following rates of payment of compensation towards damages in regard to Right of Way (RoW) for the transmission lines, in accordance with the Guidelines of the Ministry of Power, Govt. of India, vide Ref. No. 03/07/2015- Trans, dtd. 15.10.2015 for maintaining uniformity in compensation payment to the affected land owners during contraction of transmission lines, it has been decided that a similar payment methodology towards compensation shall also be adopted in the State of Arunachal Pradesh These guidelines of payment methodology of compensation towards "damages" as stipulated in Section 67 & 68 of the Electricity Act, 2003 real with Section 10 and 16 of Indian Telegraph Act 1885 shall be in addition to the compensation towards normal crop and tree damages. This amount will be payable only for transmission lines supported by tower base of 66 kV and above, not for sub-transmission and distribution lines below 66 kV. (i) Compensation @ 85% of land value as determined by District Magistrate or any other competent authority based on Govt. approved rates, Circle rate/Guidelines value/Stamp Act rates for tower base area (between four legs at ground level) impacted severely due to installation of tower/pylon structure. (ii) Comprmation towards diminution of land value in the width of Right of Way (Row) Corridor due to 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/Guidelines value/stamp At rates. For this purpose, the width of RoW corridor shall not be more than that prescribed in table A at Annexure-I and shall not be less than the width directly below the conductors. (iii) 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 existing transmission lines which are already in service or under construction before the aforesaid date, or for maintenance of any existing transmission line. 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 S/C 46 +/- 500 kV 52 765 kV S/C (with delta configuration) 64 765 kV D/C 67 +/- 800 kV HVDC 69 1200 kV 89 *Width of Right of Way is as per Ministry of Environment & Forests (MoEF) guidelines dtd.05.05.2014. This supersedes earlier order No.PWRS/E-2462/2013(Pt-II)/4533-49 Dated 26th August, 2019. Sd/- Commissioner (Power) Government of Arunachal Pradesh Itanagar.” 23. Having considered carefully the submissions and the materials, I am of the view that the petitioners are the residents of above villages having their right and title over their respective lands and area. This supersedes earlier order No.PWRS/E-2462/2013(Pt-II)/4533-49 Dated 26th August, 2019. Sd/- Commissioner (Power) Government of Arunachal Pradesh Itanagar.” 23. Having considered carefully the submissions and the materials, I am of the view that the petitioners are the residents of above villages having their right and title over their respective lands and area. Therefore, they are entitled to compensation/damages etc. in terms of the provisions of the Indian Telegraph Act, 1885 and the Electricity Act, 2003 and in terms of the notification of the State of Arunachal Pradesh dated 29.08.2019. 24. In view of above, it is directed that the respondent authorities to verify and assess the damages for compensation in terms of the Indian Telegraph Act, 1885 and the Electricity Act, 2003 and the notification of the State of Arunachal Pradesh dated 29.08.2019, within a period of 2(two) months from the date of receipt of a certified copy of this order. Thereafter, the assessment be submitted before the appropriate authority and the respondent authorities on receipt of the assessment submitted by the authority shall pay the compensation/damages to the petitioners, within a period not later than 3(three) months from the date of receipt of such assessment. 25. The observations made hereinabove shall not be construed that the land in question is not a forest land as the issue(s) has already been settled by the decisions of the Hon’ble Supreme Court. 26. The writ petition stands allowed and disposed of in terms above. No order as to cost(s).