T GIRI THIMMAIAH Vs. KARNATAKA ELECTRICITY BOARD BANGALORE

JUDGEMENT

(1.) This Civil revision u/S. 115 of CPC. arises from the order passed by the District Judge, Chitradurga, dated 28-9-1993 in Misc. Case No. 31/90 in proceedings u/S. 16(3) of Indian Telegraph Act, 1885, hereinafter referred to as Act No. 13/1885.

(2.) . The facts of the case in the nut shell are that the petitioner has been the owner in possession of land comprised in Sy. Nos. 160/2, 159/2, 31/1, 158/2 and 23/1C measuring about ten acres in total at. T. Nagenahalli, Hiriyur Taluk, Chitradurga District. Petitioner on his land had grown Coconut Trees, Tamarind Trees, Neem Trees etc., all were fruit bearing trees. During December, 1989, the respondents with a view to lay 220 KV transmission line between Hiriyur and Gowribidanur passing through the said lands of the petitioner, issued notice dated 2-12-1989 and thereafter cut and removed 48 fruit bearing coconut trees, 4 tamarind trees, 8 Neem trees and according to the petitioner certain other trees in all 64 trees. The case of the Revision Petitioner is that on 27-1-1990, the respondents paid to the Revision Petitioner a sum of Rs. 20,344/- as per the Schedule of rates fixed by them vide G.O. No. KEB/319/7654/84-85 dated 1-8-1988 (Exhibit D1). According to the petitioner's case, the petitioner received the said amount under protest as the amount was inadequate and unreasonable compensation paid by the Board. The Revision Petitioner initiated the proceedings under S. 16(3) of the Indian Telegraph Act, 1885, before the Court of the District Judge at Chitradurga, making a claim of compensation having regard to the age of the fruit bearing trees and the capitalisation of the amount based on certain number of years. The claimant put the claim as under : @@32.htm@@

(3.) According to the petitioner's case, the learned District Judge relied on the Schedule rates as exhibited by Ex. D. I which had been fixed in 1984-85 and then assessed and awarded compensation as under: @@3201.htm@@ Feeling aggrieved from the order and award of the District Judge, the claimant-petitioner in Misc. No. 31/90 has come up before this Court by filing the civil Revision Petition under S. 115 of the Code of Civil Procedure.