WA 416/2015. Gauhati High Court
| Case Number | WA 416/2015 |
| Judgement Date | March 30, 2021 |
| Court | Gauhati High Court |
WA No.416 of 2015
BEFORE
HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN
3 0 .0 3 .2 01 7
( Aj it Sin gh , C.J.)
Mr. AD Choudhury, learned counsel for the appellants.
Mr. SP Deka, learned counsel for the respondent.
I n 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.
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
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Appellant/ Respondent/ Applicant 1, but the same has not been considered.
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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. I t was further stated...
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