JUDGMENT AND ORDER (ORAL)
Heard Mr. HS Thangkhiew, learned senior counsel assisted by Mr. AA Khan, learned counsel for the petitioners. Also heard Mr. R Deb Nath, learned counsel for the respondent No. 1 and Mr. Nitin Khera, learned counsel appearing for the respondent Nos. 2 to 5.
2. The petitioner No. 1 is an Educational Research and Development Foundation which is a trust constituted and created by the petitioner No. 3 and others with the objective of establishing and promoting Educational, Technical Institution, which is also registered under Societies Registration Act XXI of 1860 vide Registration KAM/240.A-2/272 of 2006, issued by the Registrar of Societies, State of Assam. Petitioners have asserted that a technical educational institute for imparting B.Tech and other technical courses in the State of Meghalaya had been started for the benefit of the public at large particularly the tribals and minority students. The petitioners also had constructed a six storied RCC hostel on 60,000 sq. ft. area and also the educational building in the campas having an area of 1,40,000 sq. ft. It is stated that the petitioners have spent more than 100 crores for the said Educational Institute.
3. The respondent Nos. 2 to 5 are constructing a 400 KV D/C line from Platana in Tripura to Bongaigaon in Assam. It is stated that the said line has to pass through the said campus of the petitioners where the hostel and other buildings have been constructed. It appears from the record that the case of the respondent Nos. 2 to 5 is that the construction of the said 400 KV D/C line is over the Mylliem Reserve Forest.
4. It is the case of the petitioners that as per the letter of the Chief Forest Officer, KHADC, Shillong, to the Executive Engineer, North East Transmission Company Limited, dated 30.5.2012, the construction of the said line passed through private lands. The said letter of the Chief Forest Officer, KHADC, Shillong, (Annexure 12 to the writ petition) read as follows:-
“No. DC XIV(A)92/2007-2012/66 Dt. Shillong the 30 May, 2012
To
The Executive Engineer,
North East Transmission Company Limited,
Shillong, Meghalaya.
Subject: Construction of 400 KV DC Palatana-Bongaigoan Transmission line-Tree compensation and cutting costs thereof.
Ref: Your letter dated Shillong the 15 May, 2012.
Sir,
Indicating a reference to the subject cited above, I am to inform you that the area from location No. 171 A/O to 180/0 (AP No. 132 to AP No. 141) covering a distance of about 10.914 Kms with a total area of 50,2044 Ha is owned by Private individuals or by Communities. So enumeration of trees from Homestead and Farm land of the private individual owners may be done jointly with them along with the assistance of the Forest official, KHADC, Byrnihat Range, after which tree compensation/cutting cost if any may be paid directly to the land owners.
Further, the trees felled from Homestead and farm land of private individual owners are allowed for their bonafide domestic use only and construction activities can be taken up only after settlement with the land owners.
Yours faithfully,
Sd/-
Chief Forest Office,
Khasi Hills Autonomous District Council
Shillong.”
5. The Deputy Commissioner, Ri Bhoi District, Nongpoh, issued a Notification dated 22.03.2013 that the obstruction or hindrance of the construction of the 400 KV D/C Pallatana - Bongaigaon Transmission Line, will be dealt with as per the provisions of law and further all matters relating to the same will be settled as per the Indian Electricity Act, 2003. In view of the above if there is a dispute between the petitioners on one side and the respondent Nos. 2 to 5 on the other side regarding the issue whether the said construction of the line passed through the campus of the petitioners or through the Reserve Forest the same has to be settled as per the Indian Electricity Act, 2003.
6. The Deputy Commissioner, Ri Bhoi District, Nongpoh, already notified that any obstruction or hindrance will be dealt with as per the provisions of law. The learned counsel appearing for the parties had referred to Section 67 of the Electricity Act, 2003, and contended that any differences or disputes between the parties should be determined by the “Appropriate Commission” defined under clause (4) of Section 2 of the Electricity Act, 2003. From the submissions of the learned counsels it appears that the differences between the petitioners on one side and the respondent Nos. 2 to 5 on the other side has not been settled or decided or determined by the “Appropriate Commission”. In view of the above facts, the court is of the considered view that in the interest of the public the matter in dispute between the petitioners on one side and the respondents on the other side shall be determined by the “Appropriate Commission” as soon as possible. In the interest of Justice, the appropriate Commission is directed to settle the matter in dispute between the parties within a period of 4 weeks from the date of receipt of a certified copy of this order. The parties are directed to approach the said “Appropriate Commission”. However, till the matter in dispute between the parties is settled by the “Appropriate Commission” the construction of the 400 KV D/C Pallatana-Bongaigaon Transmission Line passing through the campus of the petitioners shall remain suspended.
7. Writ petition is accordingly disposed of.