NAR SINGH DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner herein, who seeks appropriate writ for modification of award passed by the learned District Judge, Kinnaur Civil Division at Rampur Bushhar on 19.03.2008, Annexure P-4 and enhancement of the amount in terms of the statement and report of PW-3 Sh. B.S. Bajwa.

(2.) The learned District Judge, vide his judgment/award dated 19.3.2008 in petition under Section 16(3) of the Indian Telegraphs Act 1885 read with Section 51 of the Indian Electricity Act awarded a sum of Rs. 36,600/- along with costs of Rs. 2,000/- and interest @ 9% per annum with effect from 19.3.1997 till the entire amount is paid.

(3.) The case pleaded was that he is absolute owner in possession of the land comprised in Khasra No.675, measuring 0-18-28 hectares situated at Mauza Jarind, Tehsil Rampur Bushahr, District Shimla, H. P. It was pleaded that the petitioner had planted an orchard on the suit land having fruit bearing apple trees in the age group of 10- 12 years. The respondents approved the construction of work of 400 KV, D/C Jhakri Abdullapur Transmission Line through Power Grid Corporation of India Ltd. and the President of India had conveyed approval to this Scheme through the Ministry of Energy Department of Power, Government of India vide letter dated 5 th April, 1989. According to the petitioner, the respondents had caused extensive damage to the fruit bearing trees etc., for which he prayed for compensation. On the settled issues, including limitation, the learned trial Court holds that the evidence of the petitioner established that 12 apple plants, one apricot plant have been completely damaged during the time when H.T. line was being laid. 19 apple plants were damaged. Thereafter damage was caused to 15 other plants also and he was held to be entitled to the compensation of Rs.15,450/-. Reliance was also placed upon the Harbans Singh Formula, on the basis of which PW3. B.S. Bajwa had prepared the damage report and had assessed the damage of Rs. 4,12,332/-. The respondents relied upon the assessment made on the basis of settled principles of the Horticulture department submitting that the Harbans Singh Formula was no longer in vogue as accepted while calculating the damage caused to the fruit trees. On the conspectus of the entire evidence, the learned Court below awarded a sum of Rs. 36,600/- along with costs of Rs.2000/- and interest @9% per annum with effect 19.3.1997 till the entire amount is paid. The respondents opposed the grant of relief supporting the award made by the learned Court below.