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1962 Supreme(Ker) 287

T.C.RAGHAVAN
CHERIAN CHACKO – Appellant
Versus
KSEB – Respondent


Judgment :-

1. The main question in this Civil Revision Petition is whether the petitioner's acceptance of the compensation amount awarded by the Telegraph Authority under proviso (d) to S.10 of the Telegraph Act without protest at the time of such receipt would disentitle him from making an application before the District Judge under S.16 (3) disputing the sufficiency of the compensation. The lower court is of opinion that the receipt of the compensation without at least a protest is a bar to the application.

2. The argument of the learned advocate of the Electricity Board, the respondent before me, is two-fold. Firstly, he contends that the principle embodied in the second proviso to S.31 (2) of the Land Acquisition Act should be applied to a petition under S.16 (3) of the Telegraph Act. For the reasons I shall give hereinafter I am not inclined to accept this contention.

3. Under the Land Acquisition Act a complete scheme or code of procedure is laid down conferring powers on the Collector to enquire into measurements, value and claims and also to grant an award after such enquiry. The persons interested are given notice and are entitled to make their objections and the Collector





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