9911796707
TMI Blog1996 (12) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent-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 argue the appeal by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 not think th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 63 had laid down several propositions in this regard. The first proposition is apposite for the facts of this case. It reads as under: (1) Where the Statute gives finality to the orders of the special tribunals, the civil court's jurisdiction must be held to be excluded, if there is adequate remedy to do what the civil courts would normally do in a suit. Such a provision, however, does not exclude those cases where the provisions of the particular Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. 10. In the light of the findings of the courts below which we have extracted above, we do not think that the High Court has committed any error in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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