High Court Kerala High Court

The Kerala State Electricity … vs V.V.Cheriya on 3 March, 2008

Kerala High Court
The Kerala State Electricity … vs V.V.Cheriya on 3 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1441 of 2004()


1. THE KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. V.V.CHERIYA, D/O.NANGA AMSOM,
                       ...       Respondent

                For Petitioner  :SRI.ASOK.M.CHERIAN, SC, KSEB

                For Respondent  :SRI.KRISHNA PRASAD. S

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :03/03/2008

 O R D E R
                          M.N.KRISHNAN, J.
                     -------------------------------------------
                         C.R.P.No.1441 of 2004
                     -------------------------------------------
                Dated this the 3rd day of March, 2008

                                    ORDER

This revision petition is referred against the order of the

Additional District Judge, Thalassery in O.P.No.473/99 whereby

the said court has awarded a compensation of Rs.1,49,796/-.

2. On a perusal of the award, it would show that in

paragraph 9, the court below has applied the principles laid

down by a Full Bench decision of this court in Kumba Amma

vs. K.S.E.B.(2000(1) KLT 542) wherein the Court has taken

annuity return of 5%. By a later decision of the Apex Court in

K.S.E.B. v. Livisha (2007(3) KLT 1 (SC), the Apex Court has

held that each case has to be decided on the facts and

circumstances of that case and for that purpose the following

principles are to be followed.

“The situs of the land, the distance between the high voltage

electricity line laid thereover, the extent of the line thereon

as also the fact as to whether the high voltage line passes

over a small track of land or through the middle of the land

and other similar relevant factors in our opinion would be

determinative. The value of the land would also be a

CRP1441/2004

relevant factor. The owner of the land furthermore, in a

given situation may lose his substantive right to use the

property for the purpose for which the same was meant to

be used. So far as the compensation in relation to fruit

bearing trees are concerned the same would also depend

upon the facts and circumstances of each case.”

3. In the light of the above enunciated principles the

matter requires reconsideration at the hands of the court below

and therefore, the award under challenge is set aside and the

matter is remitted back to the court below for fresh

consideration after affording equal opportunity to both sides to

produce documentary as well as oral evidence in support of their

contentions and dispose of the matter in accordance with law as

laid down by the court. The parties are directed to appear

before the court below on 8.4.2008. If the claimant’s legal

representatives are not available on that day, the Kerala State

Electricity Board be directed to take steps to amend the petition

and issue notice to others.

M.N.KRISHNAN, JUDGE
csl