1996 (12) TMI 417

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....ay to the plaintiff (respondent-herein) from the date of institution of suit till the removal of electric line. 2. Aggrieved by decree, an appeal was preferred to the First Additional District Judge, Durg, at Rajnandgaon. The appellate court dismissed the appeal by judgment and decree dated 5.2.1984. Still aggrieved, he preferred a second appeal in the High Court of Madhya Pradesh, Jabalpur. The High Court modified the decree by removing the mandatory injunction directing the defendant to remove the electric line with poles but sustained the decree for damages, past and future. The above appeal is directed against the judgment and decree of the High Court. 3. Shri Pallav Sishoia, learned Counsel appearing for the appellant attempted to ar....

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....ts consent and as such the erection was unauthorised and liable to be removed. The defence was that there was no erection when the high tension transmission lines were taken through the land and the plaintiff/respondent never objected for taking those lines. However, the findings of all the three courts are to the effect that the transmission lines were laid without the plaintiff's consent after the plaintiff has already constructed portion of its saw mill, that the overhead transmission lines are likely to endanger the property of the plaintiff, that there was no sanctioned scheme for the transmission lines and that the plaintiff suffered damages @ 5/- day. 7. In the light of above concurrent findings of all the three courts, we do no....