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 gratia payment' under the Indian Telegraph Act, 1885.

ORDER :

The revision petitioners are aggrieved by the dismissal of original petitions filed by them seeking enhancement of the compensation awarded for the damages sustained due to the drawing of High Tension Electric Lines over their properties by the first respondent Corporation. The original petitions were dismissed for the reason that they were filed after three years of receipt of compensation and are hence barred by limitation.

2. Adv.Babu Karukapadath appearing for the revision petitioners contended that the reasons stated in the impugned order are factually incorrect and legally unsustainable. It is submitted that during 2010-11 compensation towards the value of trees cut alone was paid and the compensation towards diminution in land value was paid only during 2017-2018. The revision petitioners had approached the District Court in 2019 dissatisfied with the quantum of compensation paid towards diminution in land value within the three year period stipulated in Article 137. Drawing attention to the words 'if any dispute arises concerning the sufficiency of the compensation to be paid under Section 10', it is argued that a dispute regarding sufficiency of compensation can arise only on payment of the full compensation, which, in the case of the revision petitioners, had occurred only in 2017/2018. The finding of the District Judge that the original petitions are barred by limitation, the trees having been cut in 2010-11 and the original petitions being filed only in 2019, is assailed by pointing out that even though the trees were cut in 2011, the posts were erected, towers constructed and lines drawn much later. The value of the property having diminished by the series of acts committed by the first respondent, time would start to run from the last of those acts, the land owners being entitled to compensation 'for any damage sustained'.

3. The finding in the impugned order that the payment made in the year 2017/2018 is not compensation, but 'ex gratia' payment by the Government, is refuted by referring to the notices issued to the revision petitioners requiring them to collect the compensation ordered towards land value.

4. Adv.Millu Dandapani appearing for the first respondent submitted that the impugned orders warrant no interference, the reasons stated therein being well founded. It is contended that the payment in 2017/2018 was an ex gratia payment at the rate of 20% of the land, for the land area covered under the conductors (lines). The payment was not made by the first respondent Corporation, but by the Government as per the Government order (G.O(Rt) No.581/2010/RD dated 04.02.2010). Therefore, the ex gratia payment cannot be termed as 'compensation'. Being so, the period of three years is to be calculated from the date of cutting of trees. The original petitions, having been filed much after three years from the cutting of trees, were rightly dismissed by the District Court.

5. From the contentions advanced, the question arising for consideration is whether the period stipulated under Article 137 of the Limitation Act, 1963 had expired by the time the original petitions were filed. In order to answer this question, it is essential to understand the scheme of the Indian Telegraph Act, 1885 ('the Act' for short), with respect to payment of compensation to affected persons.

6. As per Section 4(1) of the Act, the Central Government is having the exclusive privilege of establishing, maintaining and working telegraphs. The proviso to Section 4(1) empowers the Central Government to grant licence to any person to establish, maintain or work a telegraph within any part of India. By virtue of Section 19B, the Central Government can confer upon the licensee under Section 4, all or any of the powers which the telegraph authority possesses. The first respondent Corporation issued with licence under the proviso to Section 4(1) and conferred powers as per Section 19B. As per Section 10, the Telegraph Authority can place and maintai