Facts
The petitioner owned two acres in Survey No. 199/*/4 at Alagi (B) Village.
Source reference: p. 3The respondents erected an electricity tower and laid a high-tension line across the land for the Bhima Lift Irrigation Project.
Source reference: p. 3The petitioner claimed that, although damages had been paid for the land, compensation for a farm pond (Krushihonda) on it remained unpaid or inadequate.
Source reference: p. 3–4He challenged the Executive Engineer’s rejection of his representation and sought payment under clause 8 of the Deputy Commissioner’s proceedings dated 12 February 2024.
Source reference: p. 3–4The respondents produced a pro forma bill indicating payment of ₹7,02,698 towards the farm pond.
Source reference: p. 6Issues
1. Whether the petitioner could obtain further compensation for the farm pond by invoking the writ jurisdiction of the High Court
Source reference: p. 62. Whether the petitioner’s remedy for disputing the amount of compensation was an application under Section 16(3) of the Indian Telegraph Act, 1885, before the District Court
Source reference: p. 6Law Applied
Section 16(3) of the Indian Telegraph Act, 1885 provides a remedy for a person aggrieved by the amount of compensation determined for damage caused in the exercise of powers under the Act: the dispute may be referred to the District Judge.
Source reference: p. 6The Court stated that a claim that compensation for a farm pond is inadequate should be pursued through a miscellaneous petition before the District Court, rather than through a writ petition.
Source reference: p. 6The respondents also relied on *Power Grid Corporation of India Limited v. M/s Abhishek Developers and Ors.*, W.P. No. 1203/2022, decided on 14 February 2025; the judgment records that reliance but does not set out or analyse the precedent’s rule.
Source reference: p. 5Reasoning
The Court noted that the respondents had produced a pro forma bill indicating payment of ₹7,02,698 towards the farm pond, while the petitioner maintained that compensation was unpaid or inadequate.
Source reference: p. 6It did not determine whether the amount was in fact received or whether it was sufficient.
Source reference: p. 6Instead, it held that, if the petitioner disputed the compensation payable, Section 16(3) supplied the appropriate route for seeking higher compensation before the District Court; accordingly, the dispute was not resolved on its merits in the writ proceeding.
Source reference: p. 6Holding
The Court disposed of the writ petition, permitting the petitioner to file a miscellaneous petition under Section 16(3) of the Indian Telegraph Act, 1885.
It directed that any such petition be filed before the District Court within four weeks of receipt of the order, if the petitioner so advised.
Source reference: p. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Telegraph Act, 18851
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SRI SHIVANANDvsTHE DEPUTY COMMISSIONER
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