JOSEPH PAUL Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE question that is posed for consideration in this case is whether the Deputy Chief Engineer, K. S. E. B. can interfere with the powers conferred on the Deputy Tahsildar by the Manual of Instructions issued by the Board so as to fix the compensation under section 10 (d) of the Indian Telegraph Act, 1885.

(2.) PETITIONERS are owners in possession of 1. 40 acres of property, which is mainly a coconut garden. Kerala State Electricity Board took steps to draw the Lower Periyar - Thrissur 220 KV double circle lines through Petitioner's property and by order dated 7-11-1991 third respondent informed the petitioners that trees numbering 138 to 284 which were mainly coconut trees and pepper-vines are liable to be cut and removed. Third respondent Deputy Tahsildar (LA), K. S. E. B. also prepared land acquisition case 231 of 1992. On the basis of Ext. P. 1 mahazar, third respondent cut and removed the trees. Third respondent passed an award for payment of an amount of Rs. 4,44,810/-, which was approved by the Deputy Collector (LA), K. S. E. Board, Trivandrum.

(3.) PETITIONERS were later served with an order dated 28-5-1994 issued by the Deputy Chief Engineer stating that the amount awarded by the Deputy Tahsildar was highly excessive and pointed out that the committee constituted for review of such cases vide order dated 26-5-1994 made enquiries in detail and verified the DVS and recommended that the maximum amount of compensation payable should be Rs. 3,02,906/- only. Further, it was also ordered that the maximum amount that could be payable in LA. No. 231 of 1992 is only Rs. 1,82,500/ -. Direction was accordingly given to the Deputy Tahsildar (LA) for KSEB for disbursement of that amount.