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1978 Supreme(Mad) 47

SETHURAMAN
A. M. Nanjan – Appellant
Versus
Madras State Electricity Board – Respondent


Advocates:
N. Varadarajan, for Petitioner; S. Sivasubramaniam, for Respondent.

Judgement

ORDER :- This is a civil revision petition against an order of the learned Additional District Judge, Coimbatore, dismissing O.P. 61 of 1969 filed under S.16(3) of the Indian Telegraph Act, 13 of 1885, for payment of a sum of Rs. 95171-50 as compensation for the wattle trees and plants cut and removed by the Madras State Electricity Board. The facts of the case are as follows :- An extent of 18.34 acres in S. No. 9/1 of Mulligoor village was acquired for the site of the Emerald Dam and the Kundah project. Though the notification for the acquisition of the site under Sec. 4(1) of the Land Acquisition Act, was published only on 1-5-1957, the Madras State Electricity Board (to be referred hereafter as the Board) entered the lands even in 1956 and cut and removed the trees thereon and sold them away in auction. 19002 wattle trees and plants of various girths and sizes appear to have been thus cut and sold away by the respondent-Board. Exs. A-1 to A-7 are the receipts and Ex. A-8 is the certified copy of a receipt issued by the Board for the trees thus cut and carried away, Subsequent to the notification, 10672 trees and plants were, according to the Commissioner who was appoin








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