Remanded

Power Grid Corporation of India Ltd. v. K.S.Joseph

Kerala HC29 Jan 2008CRP/200/2007

Case brief

AI extract

What is this about?

Revision petition against an award granting additional compensation. Court distinguished prior uniform application of annuity factors citing Apex Court directives. Held that compensation must rely on specific case facts. Award set aside; case remanded for fresh disposal.

What did the court decide?

Award of the Court below set aside and matter remanded to the trial court for fresh disposal after giving parties equal opportunities to adduce evidence.

Power Grid Corporation of India Ltd. Vs K.S.Joseph — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 CRP.No. 200 of 2007() -----------------------------OPELE.35/1994 of I ADDL. DISTRICT COURT, PALAKKAD ....................

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REVN. PETITIONER: 4TH RESPONDENT

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--------------------------------POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, VELLANIKKARA, THRISSUR, REP. BY ITS MANAGER. BY ADV. SRI.K.P.DANDAPANI (SR.)

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RESPONDENTS: PETITIONER -----------------------K.S.JOSEPH, AGED 37 YEARS, S/O. SCARIA, RESIDING AT KARIMPANAMTHADATHIL P.O., MELUKKAVUMATTOM, PALAI, KOTTAYAM DISTRICT.

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BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.MAHADEVAN.K

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 200 OF 2007 = = = = = = = = = = = = = = = Dated this the 29^th day of January, 2008.

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This revision petition is preferred against the award of the 1^st Addl. District Judge, Palakkad in O.P.(Ele.)35/94 whereby the Court below has awarded an additional compensation of Rs.48,051/- with 6% interest. The learned counsel for the revision petitioner brings to my notice the finding in paragraph 11 of the judgment. In that paragraph the Court below has referred to a decision of the Full Bench of

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this Court reported in Kumba Amma v. K.S.E.B. (2000(1) KLT 542). As per that decision this Court has directed to take the annuity factor at 5% which is uniformly applied in all the cases. The learned counsel for the revision petitioner submits that the position has changed in the light of the decision of the Apex Court reported in K.S.E.B. v. Livisha (2007 (3) KLT page 1 ) whereby the Apex Court has held that each case has to be considered on the facts and circumstances of that case. The Apex Court has also laid down the following guidelines.

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CRP NO. 200 of 2007

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-:2:-

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“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 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.”

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So, in the light of the above said enunciated principles of the Apex Court the matter requires reconsideration because each case has to be considered on the facts and circumstances of that case. Therefore I set aside the award of the Court below and remit the case back to the trial court for fresh disposal in accordance with law after affording equal opportunities to both parties to adduce documentary as well as oral evidence in support of their

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CRP NO. 200 of 2007

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respective contentions. Parties are directed to appear before

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the Court below on 28.2.2008.

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The C.R.P. is disposed of accordingly.

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M.N. KRISHNAN, JUDGE.

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ul/-

Power Grid Corporation of India Ltd. v. K.S.Joseph

Case brief

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Power Grid Corporation of India Ltd. v. K.S.Joseph

Case brief

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