-1- Regular Second Appeal No. 1254 of 2011 (O&M). IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: March 15, 2011. Regular Second Appeal No. 1254 of 2011 (O&M). Haryana Vidyut Parsaran Nigam Limited through its Managing Director and others ... Appellants VERSUS Raj Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. Narender Hooda, Advocate, for the appellants. -.- MOHINDER PAL, J. Civil Misc. No.3473-C of 2011. For the reasons stated in the application, which is supported by an affidavit, the same is allowed and the delay of 46 days in filing the appeal is condoned. Regular Second Appeal No.1254 of 2011 (O&M). The plaintiffs-respondents had filed the instant suit -2- Regular Second Appeal No. 1254 of 2011 (O&M). against Haryana Vidyut Parsaran Nigam Limited (for short `the Nigam') and its officers for mandatory injunction and damages as the Nigam had installed eight electric poles in the agricultural land owned by the plaintiff-respondents without acquiring the said land. Neither any notice was served upon the plaintiffs before installing the electric poles/ towers in their land nor their consent was obtained by the officers of the Nigam in this behalf. The suit filed by the plaintiffs was dismissed by the trial Court vide judgment and decree dated 13.4.2010. The plaintiffs went in appeal before the lower appellate Court against the judgment and decree passed by the trial Court. The lower appellate Court, vide judgment and decree dated 27.9.2010, set aside the judgment and decree passed by the trial Court and partly decreed the suit of the plaintiffs; thereby directing the Nigam to pay compensation of the land underneath the poles at the rate of 150 square meters per pole/tower as per the market value of that date with interest at the rate of six per cent per annum. The Nigam has challenged the said judgment and decree passed by the lower appellate Court by way of filing this Regular Second Appeal. After hearing the learned counsel for the Nigam and going through the records of the case, I do not find any patent illegality or irregularity in the findings recorded by the lower appellate Court, which may give rise to any substantial question of law in the present appeal. Learned counsel for the Nigam could not persuade me by pointing out any material on record to -3- Regular Second Appeal No. 1254 of 2011 (O&M). take a different view than the one taken by the lower appellate Court. Raj Bahadur, Junior Engineer of the Nigam, appeared in the witness box as D.W.1 and deposed in his cross-examination that one tower covers 150 square meters of land. In this case eight poles had been installed in the land of the plaintiffs and, of course, they were entitled for compensation for their land so used by the Nigam for installing the poles / towers for high power transmission line. The lower appellate Court was justified in decreeing the suit of the plaintiffs to the extent indicated above. Resultantly, there is no merit in this appeal, which is hereby dismissed. ( MOHINDER PAL ) March 15, 2011. JUDGE ak