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1960 Supreme(AP) 58

KUMARAYYA
Yeleswarapu Ramachandra Rao – Appellant
Versus
State of Madras – Respondent


( 1 ) THIS petition under Article 227 of the Constitution of India raises two questions : One is a mixed question of law and fact and the other which is of some importance is a question relating to jurisdiction. The first question is whether the compensation awarded is full compensation within the meaning of section 10 (d) of the Indian Telegraph Act (XIII of 1885) (which will hereafter be called the Act) and is determined on a correct legal basis. The second question is, whether the determination of such compensation by an Additional District Judge is in the eye of law, a determination by a District Judge within the meaning of section 16 of the Act.

( 2 ) THE brief facts of the case are these. The Electricity Department laid electric transmission lines through the fields of the petitioner and also others. The trees under the said line as a result had to be cut. By this act, the petitioner happened to suffer damage to some of his trees in Survey Numbers 267/3 and 268/1. The trees alleged to be so cut were in all 32 coconut trees, three babul trees and a date and a palmyra tree and the branches of a big mango tree. After they were cut, they were taken away by the Electricity Departm


















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