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.
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C.R.P.No.1441 of 2004
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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