Remanded

Kerala State Electricity Board v. Dharmarajan

Kerala HC29 Jan 2008CRP/224/2007

Case brief

AI extract

What is this about?

The High Court acquitted the award of additional compensation fixed by the lower court at 5% return rate. Relying on Supreme Court principles requiring fact-specific consideration of land situs, distance, and usage, the judge remitted the matter to the trial court for fresh disposal after fresh evidentiary opportunities.

What did the court decide?

Award of the Court below set aside; case remanded to trial court for fresh disposal with opportunity to adduce evidence.

Kerala State Electricity Board Vs Dharmarajan — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929

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CRP.No. 224 of 2007() --------------------OP(ELE)222/1998 of I ADDL. DISTRICT COURT, TRIVANDRUM ....................

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REVISION PETITIONER: RESPONDENT:

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-----------------------------------------------------------

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KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

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BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB

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RESPONDENT: PETITIONER :

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-------------------------------------------

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SRI.P.DHARMARAJAN, S/O.PETHINU, PULIMUTTU VEEDU, KARINGAL, KANADALA P.O., NEYYATTINKARA.

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BY ADV. SRI.N.NAGARESH SRI.BINU PAUL

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER IN I.A.NO.617/2007 IN C.R.P.NO.224/2007

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DISMISSED

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29/01/2008

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SD/- M.N.KRISHNAN, JUDGE

/TRUE COPY/

P.A.TO JUDGE

Kss

M.N. KRISHNAN, J.

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= = = = = = = = = = = = = = C.R.P. NO. 224 OF 2007

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= = = = = = = = = = = = = = = Dated this the 29^th day of January, 2008.

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O R D E R

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This revision petition is preferred against the award of the 1^st Addl. District Judge, Thiruvananthpauram in O.P.(Ele.) 222/98 whereby the Court below has awarded an additional compensation of Rs.56,238/-. A perusal of the award would reveal that the Court below has fixed the rate of return at 5% as held by this Court in Kumba Amma v. K.S.E.B. (2000

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(1) KLT 542). The learned counsel for the revision petitioner has brought to my notice a 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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“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

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C.R.P. 224 OF 2007

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-:2:-

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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

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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 respective contentions. Parties are directed to appear before the Court below on 29.2.2008.

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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/-

Kerala State Electricity Board v. Dharmarajan

Case brief

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Kerala State Electricity Board v. Dharmarajan

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