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1978 Supreme(Ori) 29

S.ACHARYA
Orissa State Electricity Board – Appellant
Versus
Pyari Mohan Patnaik – Respondent


Advocates Appeared:
G. Rath, R.K. Patra and B.L.N. Swamy, for Appellants; R.C. Patnaik, P.K. Misra and S.D. Das, for Respondents.

JUDGMENT :- The unsuccessful defendants in both the courts below have preferred this appeal.

2. The plaintiffs suit is for mandatory injunction against the defendants directing the latter to remove the electric poles and electric lines fixed by them on and over the plaintiffs land

3. The plaintiffs case, in short, is that plot No. 108 under Khata No. 119 of mouza Jagamara and plot No. 6 under Khata No. 238 of mouza Dum Duma described in the suit plan Ext. 1 attached to the plaint belong to the plaintiffs. Those plots are included in the Town Planning Scheme as per Ext. 6 and the plaintiffs had reserved the same for construction of residential buildings. The defendants framed schemes for transmission of electric lines for distribution of electricity, and under the said scheme the electric line was not to pass over the plaintiffs lands. But to their surprise the defendants started fixing the electric poles on the suit lands and placed electric lines over the same completely disregarding the said scheme. The said electric supply lines over the suit lands were laid without taking the consent of the plaintiffs and against the provisions of the Indian Electricity Act, 1910 (hereinafter ref











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