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1989 Supreme(Ker) 60

BALAKRISHNA MENON, KRISHNAMOORTHY
K. S. E. B. – Appellant
Versus
CHERIYAN VARGHESE – Respondent


Judgment :-

Balakrishna Menon, J.

Both these revision petitions are by the Kerala State Electricity Board against the orders of the District Court passed under S.16(3) of the Indian Telegraph Act, 1885 The District Judge by these impugned orders determined the compensation payable to the respective claimants on applications made by them under S.16(3) of the Telegraph Act read with S.51 of the Electricity Act, 1910. In both the cases compensation was claimed for the trees cut as well as for diminution in value of the land for the reason of the drawal of overhead power lines across the land. The learned District Judge has allowed compensation under both the heads based on the revised valuation statements submitted by the respective claimants.

2. The learned single judge before whom these cases came up for hearing had some doubt as to whether compensation for injurious affection can also be awarded in addition to compensation for the trees cut determined on the basis of capitalisation of income. These cases were accordingly referred for decision by a Division Bench.

3. A preliminary objection is raised by counsel for the respondents about the maintainability of the revision petitions in














































































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