Remanded

K.S.E.Board v. Kambakkaran Narayanan Nair

Kerala HC30 Jan 2008CRP/2583/2001

Case brief

AI extract

What is this about?

The Court allowed the revision and remitted the compensation matter to the Additional District Judge, Thalassery, for fresh consideration in light of Supreme Court guidelines regarding site-specific factors for determining compensation. Parties were directed to adduce oral and documentary evidence before reappearing on 1.3.08.

What did the court decide?

Award set aside; matter remitted for fresh consideration after parties adduce evidence.

K.S.E.Board Vs Kambakkaran Narayanan Nair — Property and Title | 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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WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929

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CRP.No. 2583 of 2001()

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-------------------------------EL.OP.174/1999 of ADDL. DISTRICT COURT, THALASSERY

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REVN. PETITIONER: RESPONDENT

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

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K.S.E.BOARD, REP. BY ITS CHAIRMAN, VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM.

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

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SRI.N.D.PREMACHANDRAN

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RESPONDENT: PETITIONER

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

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KAMBAKKARAN NARAYANAN NAIR, S/O. CHANDUKUTTY, AGRICULTURIST, KANHIRANGAD P.O.

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BY ADV. SRI. K.P. SRI.SARVOTHAMAN

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N.KRISHNAN, J.

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C.R.P. NO. 2583 OF 2001

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Dated this the 30^th day of January, 2008

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ORDER

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Heard both sides. This revision petition is preferred against the award of the Additional District Judge, Thalassery in OP 174/99 whereby the court below has awarded an additional compensation of Rs.60,579/- with 8% interest. Learned counsel for the revision petitioner has brought to my notice the factum that the court below has relied upon the decision of this court in Kumba Amma v. K.S.E.B. [2000 (1) KLT 542] wherein the court has ordered to take uniform annuity of 5% for calculation of compensation. Learned counsel submits that in the light of the Apex Court decision in K.S.E.B. v. Livisha [2007 (3) KLT 1] the Apex court has held that each case has to be considered on the facts and circumstances of that case and for that purpose it has given 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 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

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C.R.P. NO.2583/01

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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 enunciated principles, it appears that the matter requires reconsideration at the hands of the court below. Therefore, the award under challenge is set aside and the matter is remitted back to the court below for fresh consideration after allowing both sides to adduce both oral and documentary evidence in support of their respective contentions and then dispose of the matter in the light of the enunciated principles referred to in the decision of the Apex court.

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Parties are directed to appear before the court below on

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1.3.08.

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M.N.KRISHNAN, JUDGE

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vps

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C.R.P. NO.2583/01 3

K.S.E.Board v. Kambakkaran Narayanan Nair

Case brief

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K.S.E.Board v. Kambakkaran Narayanan Nair

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