Supreme Court of India · 1996-12-05
M.P. ELECTRICITY BOARD, JABALPUR. vs M/S. VIJAYA TIMBER CO.
- Citation / case number
- SC 1983/66111
- Court
- Supreme Court of India
- Petitioner
- M.P. ELECTRICITY BOARD, JABALPUR.
- Respondent
- M/S. VIJAYA TIMBER CO.
- Author
- K. VENKATASWAMI. M.M. PUNCHHI
- Bench
- K. VENKATASWAMI. M.M. PUNCHHI
Judgment text excerpt
The Supreme Court upheld the High Court's decision which modified the trial court's decree by removing the mandatory injunction for the removal of electric lines but sustained the damages awarded to the plaintiff under the Indian Electricity Act. The court ruled that the civil suit was not barred by limitation as the appellant's argument regarding the suit being barred was not raised in lower courts. The court emphasized that the transmission lines were erected without the plaintiff's consent, causing damages, thus affirming the plaintiff's right to compensation under Sections 12 and 52 of the Indian Electricity Act.