LexK.G. PADMANABHA PRABHU versus KERALA STATE ELECTRICITY BOARD AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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K.G. PADMANABHA PRABHU
v.
KERALA STATE ELECTRICITY BOARD AND ORS.
JULY 7, 1997
(K. RAMASWAMY AND D.P. WADHWA, JJ.)
Land Acquisition Act, 1894:
Compensation-Award of-Quantum--{)istrict Court minutely gone
A
B
into the question-High Court also looked into the matter--:Finding of C
fact-No interference called for-Diminution of the extent of the land-Trial
Court recorded finding arid High Court confinning it-No contra finding
recorded by the High Court as regards extent of land-Only diminution of the
value in issue-Hence no opinion expressed-District Judge to go into the
question.
Constitution of India-Art. 136-Special Leave jurisdictio1i--Finding cf
fact-Not interfered with.
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4429-30
of 1997.
From the Judgment and Order dated 19.4.96 of the Kerala High
Court in C.R.P. Nos. 832 and 834 of 1993.
T.L. V. Iyer, and S. Prasad for the Appellant.
D
E
G. Vishwanatha Iyer, T.G.N. Nair, and K.M.K. Nair for the Respon-
F
dents.
The following Ordet of the court was delivered :
Leave granted. We have heard learned counsel on both sides.
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.
G
The admitted facts are that the appellant is having the land (with
trees standing thereon) admeasuring 6 acres and 21 cents in Survey No. H
447
448
SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R.
A 560/2 and 60-1/2 cents in Survey No. 563/1 and 5 acres and 42 cents in
Survey No. 634/2 of polluttu village. The respondents invoked by notifica-
tion 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
B trees 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, ~910 for compensation. The
District Judge determined the compensation. Dissatisfied therewith, the
appellant filed revisions in the High Court. The High Court in the im-
pugned order confirmed the compensation paid for the trees, but set aside
C 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.
Since we were not familiar with the nature of the procedure followed
D in this behalf, we directed Mr. G. Vishwanatha Iyer, learned senior counsel
for the respondent-Electricity Board, to place before us the procedure
adopted by the Electricity Board in acquiring the trees for erection of the
electric lines across the land of the appellant. An affidavit by the competent
officer together with the proceedings has been filed in that behalf. Notifica-
tion dated June 21, 1969 does indicate as under:
E
F
G
"S.R.O. No, 270/69,- In exercise of the powers conferred by section
51 of the Indian Electricity Act, 1910 (Act 9 of 1910), and in
supersession of Notification No. ELl-193/60- I/PW dated 6th
January 1960, published on page 50 of Part I of the Gazette dated
12.1.1960, the Government of Kerala hereby confer upon the
Engineers of the Kerala State Electricity Board of and above the
rank of Assistant Engineers to exercise, for the purpose of placing
of appliances and apparatus, for the survey and construction of
lines etc. of or the transmission distribution or use of electrical
energy within their respective jurisdictions, all the powers which
the Telegraph Act, 1885 (Act 13 of 1885) with respect to the
placing of telegraph lines and posts for the purposes of a telegraph
established or maintained by Government or to be established or
maintained."
H
In furtherance thereof, sanction has been accorded for acquisition o_f
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K.G. PADMANABHA PRABHU v. KERALA Sl'A TE ELECTRICITY BOARD 449
the trees as mentioned in the sanction order which reads as under:
A
"Sanction is hereby acco.rded for an estimate amounting to
Rs.95,000 (Rupees ninety five thousand only) for constructing 2.2
kms. of 11 kv. Kodwagallur - parur feeder outgoing feeder from
Kodungallu sub-station under Electrical Division Irinjalakuda Sub-
Divn. Iringalakuda Expenditure to the extent of Rs. 95,000 may be B
met from the budget provision for 76-77 Electrical Division Irin-
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