The High Court of Kerala, in this civil revision, examined the compensation awarded by the Additional District Judge for a 110kV power line passing through the respondent's land. The Court found the amounts reasonable and dismissed the revision.
The civil revision petition No.306 of 2008 was dismissed without any order as to cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 1ST DAY OF MARCH 2013/10TH PHALGUNA 1934
CRP.No. 306 of 2008 ( ) ----------------------O.P(EL).NO.401 OF 2002 OF ADDL. DISTRICT COURT (ADHOC-II), ERNAKULAM
REVISION PETITIONER/RESPONDENT: -----------------------------KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADVS.SRI. ASOK M.CHERIYAN, SC, KSEB SRI.PULIKOOL ABUBACKER, SC, KSEB RESPONDENT(S)/PETITIONER: ------------------------T.K.XAVIER,AGED 60 YEARS, THALUTHARA, 113/8, KUMBALANGHI ERNAKULAM. R, BY ADV. SRI.ELDO KURIAKOSE R, BY ADV. SRI.SREEKUMAR D.MENON
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J. ========================= C.R.P.No.306 of 2008
============================ Dated this the 01st day of March, 2013 O R D E R
This revision is at the instance of the respondent in O.P(El). No.401 of 2002 of learned Additional District Judge (Adhoc-II), Ernakulam awarding `.81,189/- as additional compensation with interest @ 6% per annum.
.11,287/-. So far as value of improvements is concerned, based on the decision in **Kumba Amma Vs. K.S.E.B (2000(1) KLT 542)** learned Additional District Judge has granted 5% annuity, which came to .10,887/-.C.R.P.No.306 of 2008
2
calling for interference of this Court.
.26,500/- per cent. 30% of the said amount was taken as basis for compensation. .71,550/was awarded.This civil revision is dismissed without any order as to cost.
Sd/-
THOMAS P.JOSEPH, JUDGE
Sbna
2 issues framed by the court
Whether the compensation awarded by the Additional District Judge for additional improvements and diminished land value is unreasonable and needs interference.
Whether the Kumba Amma Vs. K.S.E.B decision should have been followed in valuing improvements.
Colour shows how this judgement treated each authority
Kumba Amma Vs. K.S.E.BFollowed¶2
Kumba Amma Vs. K.S.E.B (2000(1) KLT 542)
KERALA STATE ELECTRICITY BOARD
T.K.XAVIER
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
THOMAS P.JOSEPH
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