Parbati Koldam Transmission Company Ltd v. Hardev Singh And Others









 



 





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%At the outset, it must be noted that whenever the Court is proceeding to determine the compensation payable for the land used/acquired, it is always better to identify the various heads under which compensation is being claimed. Then it becomes easy and convenient for the court to assess the compensation under various heads. In the present case from the reading of the judgment passed by learned Additional District Judge, it is apparent that the learned Court did not identify the various heads under which the compensation is being claimed.

The learned Additional District Judge has also overlooked the fact that on the one hand land owners claimed that the poplar trees were cut and removed by the Parbati Koldam Transmission Company Ltd., whereas it is the stand of Parbati Koldam Transmission Company Ltd. that the trees were removed by the land owners.

-4when the transmissions lines were laid. The court has further failed to determine the compensation, if any, payable under the following heads:-

1. Damage/adverse effect on the agriculture produce with respect to land which falls under the transmission line or the tower;

2. Damages, if any, payable to the land owners since they cannot plant trees on 46 meter wide strip of land adjacent to the transmission line. The land owners cannot also install tubewell on 16 meter wide strip of land under the transmission line.

3. Whether the Parbati Koldam Transmission Company Ltd. had taken away the trees which had been cut in order to lay the transmission lines.

Keeping in view the aforesaid facts, it is considered appropriate to remit the cases back to the learned Additional District Judge/trial Court to re-decide the cases. Parties through their counsels are directed to appear before the learned trial Court, on 06.03.2020. Disposed of accordingly.& * 8
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