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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
M.NAGAPRASANNA
Executive Engineer (Ele), Karnataka Power Transmission Corporation Ltd. – Appellant
Versus
K. S. Sukumar @ Sukumar, S/o. K. S. Mrutynujaya @ Mrutynujayappa Dvg – Respondent
| Table of Content |
|---|
| 1. issue covered by precedents (Para 1) |
| 2. construction of power line on respondent's land (Para 2) |
ORDER :
M.NAGAPRASANNA, J.
1. Learned counsel appearing for the parties in unison would submit that the issue involved in the present lis stands completely covered by the judgment rendered by the Hon’ble Apex Court, which has been followed by a Co-ordinate Bench of this Court. The Co-ordinate Bench has held as follows:
“The KPTCL has filed the captioned petition assailing the order dated 17.06.2023 passed by the learned II Additional District Ballari in Misc.P.No.198/2020, thereby allowing the petition filed under Section 16(3) of the Indian Telegraph Act, 1885 (hereinafter referred to as ‘the Act’ for short) and directed the Corporation to pay compensation of Rs.51,400/- with interest at the rate of 8% p.a. from the date of petition till its realization.
2. The brief facts leading to the case are as under:
The petitioner/Corporation has drawn 400 KV High Tension Power Line with tower over the respondent’s land. This factual matrix is admitted by the Corporation. Respondent/claimant filed petition under Section 16(3) of the Act claiming compensation against the petitioner/Co
Compensation claims under the Indian Telegraph Act must be filed within three years of the cause of action, with failure to adhere resulting in dismissal due to limitation.
The court emphasized the necessity of framing the issue of limitation, stating it is fundamental to jurisdiction; failure to assess it leads to a quashed decision.
The authority's compliance with the provisions of the Indian Telegraph Act, 1885 and the sufficiency of compensation were central legal points established in the judgment.
The widened right of landowners to claim compensation for any damage sustained, not confined to the initial cutting of trees and drawing of lines, and the interpretation of 'compensation' and 'ex gra....
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