CourtKutchehry.com
High CourtsSingle Bench(2010) 07 SHI CK 0200

Bhalia vs Power Grid Corporation and Others

High Court Of Himachal Pradesh · Decided on 30 July 2010

HON’BLE JUDGES
Kurian Joseph, C.J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 362 words

Kurian Joseph, C.J.—The petitioner is aggrieved by the Award dated 22.3.2006 in Petition No. 7/2 of 2000 on the file of the Additional District Judge, Shimla. The application was filed for enhancement of compensation u/s 10 read with Section 16(3) of the Indian Telegraph Act, 1885. Para 13 of the order reads as follows:

13.

The respondents have examined Sh. Kesar Singh, Dy. Manager, Power Grid Corporation, Rampur Bushehar as RW1. He has deposed that two towers were installed on the land of the petitioner and the petitioner was paid compensation of Rs. 22,175/- vide cheques dated 21.3.2000 and 12.6.1999. The damage for the apple trees was assessed on the basis of Harbans Singh Formula formulated in the year 1966.

2.

Para 22 of the order reads as follows:

22.

Thus, in view of aforesaid discussions, the petitioner is entitled for enhancement of compensation of 10 times over the amount of Rs. 16,000/- which has been paid by the respondents as market value of the apple plants to the petitioner. The compensation which is payable to the petitioner is to the tune of Rs. 1,60,000/-. The petitioner has been paid Rs. 16,000/- and excluding this amount, the petitioner is entitled to enhanced compensation of Rs. 1,44,000/-. Both these issues are decided in favour of the petitioner.

3.

It is evident that there is an error apparent on the face of the record in making the calculation. It is a simple arithmetical error, if not clerical. The amount of compensation paid is Rs. 22175/- and not Rs. 16,000/-. Therefore, this CMPMO is allowed holding that the petitioner shall be entitled to the multiplier of 10 on Rs. 22,175/-, namely, Rs. 2,21,750/-. After deducting the amount already paid to the petitioner, the balance shall be paid within a period of three months. It is made clear that the scope of the dispute as raised in the CMPMO is only to the extent as indicated above. The petitioner will also be entitled to interest at the rate of 7.5% from the date of eligibility, as already granted in the order dated 22.3.2006 on the balance amount as indicated above.

4.

The petition is disposed of.