K G PADMANABHA PRABHU Vs. KERALA STATE ELECTRICITY BOARD
LAWS(SC)-1997-7-108
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on July 07,1997

K.G.PADMANABHA PRABHU Appellant
VERSUS
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

- (1.) Leave granted. We have heard learned counsel on both sides.
(2.) These appeals by special leave arise from the judgment and order of the learned Single Judge of the High Court, made on 19-4-1996 in C.R.P. Nos. 832 and 834 of 1993.
(3.) The admitted facts are that the appellant is having the land (with trees standing thereon) admeasuring 6 acres and 21 cents in Survey No. 560/2 and 60-1/2 cents in Survey No. 563/1 and 5 acres and 42 cents in Survey No. 634/2 of Pullutta village. The respondents invoked by notification dated 21-6-1969, the provisions of Section 51 of the Indian Electricity Act, 1910 and Sections 10 to 18 of the Indian Telegraph Act, 1885 for acquiring the land of the appellant for laying electric lines by cutting the tress standing thereon. The appellant laid the claim before the District Court under Sections 10(2) to 16(3) of the Indian Telegraph Act and Section 51 of the Indian Electricity Act, 1910 for compensation. The District Judge determined the compensation. Dissatisfied therewith, the appellant filed revisions in the High Court. The High Court in the impugned order confirmed the compensation paid for the trees, but set aside the determination of the compensation with regard to the diminution of the value of the land on account of laying of the electric lines across the land of the appellant. Thus, these appeals by special leave.;


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