Case-specific compensation for trees cut for electricity lines cannot be fixed by a rigid formula.

Compensation for trees cut or removed for laying electricity or telegraph lines must be assessed case by case under the Telegraph Act read with the Electricity Act. The assessment depends on the nature of the land affected, the length and position of the line, the extent of restriction on user, the value of the land, and the nature of the trees impacted. A rigid universal formula, including fixed return, annuity, or standard percentage methods, cannot be applied irrespective of the facts. The impugned uniform determinations were therefore unsustainable.

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Issues: Whether compensation for trees cut and removed for drawing an electricity line is to be determined by a fixed formula or by a case-specific assessment having regard to the relevant facts.

Analysis: Compensation for damage caused by laying telegraph or electricity lines must be determined under the scheme of the Telegraph Act, read with the enabling provision in the Electricity Act, having regard to the nature of the property affected and the extent of the interference. Relevant considerations include the situs of the land, the length and position of the line, the extent of user restriction, the value of the land, and the nature of the trees affected. The statutory scheme does not contemplate any rigid or universal formula for every case. Earlier approaches based on annuity, fixed return, or a standard percentage cannot govern all matters irrespective of the individual facts.

Conclusion: Compensation must be assessed on the facts of each case, and the impugned determinations based on a uniform approach could not be sustained.

Ratio Decidendi: Under the Telegraph Act compensation for interference with property by electric or telegraph lines is a fact-sensitive determination that must be made case by case, without applying an inflexible formula.

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