MELBA LIMA BRITO Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5th May, 2001 passed by the Civil Judge, Sr. Division, Panaji dismissing the appellants' suit (Special Civil Suit NO.180/97/B) for compensation/ damages for wrongful use/encroachment on their property.

(2.) The appellants are owners of a landed property known as "BONOBO" situated within the limits of Village Panchayat of Old Goa-Baiguinim, Sub-District of Tiswadi Taluka, State of Goa. The said property appears to have been surveyed under survey No.20/1 of Village Baiguinim (hereinafter, referred to as "the suit property"). According to the appellants, they used to visit the suit property occasionally. In or about April, 1997, the appellants noticed that the respondent No.2 (Superintending Engineer, Electricity Department, Government of Goa), had started erecting 110 KV High Tension Line in the suit property without the consent and authority of the appellants. According to the appellants, the erection of a tower for the purpose of laying of an electric line and the work of laying of the electric line was being done in the suit property without their permission and without acquiring it. According to the appellants, the respondents had no authority to enter upon the suit property, encroach upon it and lay the electric lines, without their consent and/or without acquiring their property. However, since the work was completed and the electric line was laid without their consent and without acquiring it, the appellants filed the suit only for damages. The appellants claimed compensation/damages in the sum of Rs.8,20,000/- and an interest of Rs.65,000/- thereon.

(3.) The respondents contested the suit and contended that the Government had prepared a scheme for establishments of 110 KV D/C Marcel a-Kadamba power line to feed the proposed 110/33 KV electric substation at Kadamba Plateau. The scheme was duly published in the Government Gazette, as also in the local newspapers. The respondents contended that as per the provisions of Section 12, read with Section 51 of the Indian Electricity Act, 1910 (for short "the Act"), the respondents were entitled to open and break up the soil and lay down and place electric supply-lines and carry out other works through the property of the appellants, without acquiring the suit property. By virtue of Section 51 of the Act read with Section 10 of the Indian Telegraph Act, 1885 they had the power to lay electric lines, to place and maintain telegraph lines and posts, on any private property without acquiring it. They further contended that the scheme was framed in the year 1990 and was published in the Official Gazette on 6th September, 1990 and therefore, the suit filed in the year 1997 was barred by limitation.