ARUN TANDON, J. - (1.) HEARD Sri Manoj Kumar, on behalf of the petitioner Union of India and Sri A.K. Shukla, holding brief of Sri V.B. Khare, on behalf of the respondents.
(2.) THE present petition has been filed by Union of India through Divisional Engineer, Tele -Communications, U.P. Kanpur against the order of the District Judge passed in Misc. Case No. 7/70 of 1972, Brij Bhan Chandra and others v. Union of India and others, under Section 16(3) of the Indian Telegraph Act. By means of the said order, the District Judge has determined a sum of Rs. 2,500/ - as compensation to be paid to the plaintiffs for loss of wood and loss of prospective yield of mango trees. It is stated that the proceedings were not legally maintainable inasmuch as the claimants should have first approached the authority concerned under Section 10(d) of the Indian Telegraph Act before filing a petition under Section 16 of the Act. Further, the petition has filed by the plaintiff suffered from the defect of non -impleadment of necessary parties inasmuch as Union of Indian could not be represented through D.G.C. (Civil).
(3.) LASTLY , it is contended that the compensation determined by the District Judge is excessive.;