SAURI BAI AND ORS. Vs. GRIDCO AND ORS.

JUDGEMENT

(1.) PETITIONERS -appellants in this application have challenged the order dated 16.05.2014 passed by learned Addl. District Judge, Bhubaneswar in F.A.O. No. 74 of 2009 directing the opposite party No. 2 to pay compensation of Rs. 2,50,000/ - to the appellants for causing damage over the suit land within three months from the date of the orders.

(2.) THE facts leading to the present case as narrated in the application are as follows. -

(3.) DEFENDANT No. 2 has contended in his written statement that it has completed a power transmission lines running from Chandaka to Bhubaneswar City under the Government approved scheme known as BEINA. The said transmission line is running on the left side of Nandan Kanan - Bhubaneswar road. As such, defendant No. 2 has denied that there was no forcible encroachment of plaintiffs and defendant No. 2 has also contended that while executing the project work due care has been taken to life and properties of nearby land owners, keeping in mind that less possible minimum damage and inconvenience caused to people of that area. Defendant No. 2 further contended that if it is found that if any such land owners sustained any loss for such work, then they are at liberty to claim monetary compensation. Defendant No. 2 has also challenged the maintainability of suit and also raised the plea of non -joinder of the State as party and has contended that the suit is bad on the question of law of estoppel and acquiescence.