In a civil revision challenging an award of compensation for land diminution due to an electric line, the High Court quashed the lower court's order for accepting an unverified land value and remanded the matter for fresh consideration.
Revision petition allowed; impugned order set aside; matter remitted for fresh consideration.
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 B.KEMAL PASHA
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936
CRP.No. 670 of 2010 (D)
O.P.(E.A.) 4/2008 of ADDITIONAL DISTRICT COURT,ALAPPUZHA.
REVISION PETITIONER/RESPONDENT:
KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM.
BY ADVS.SRI. ASOK M.CHERIYAN, SC, KSEB SRI.PULIKOOL ABUBACKER, SC, KSEB
RESPONDENTS/PETITIONERS:
ADDITIONAL RESPONDENTS:
ADDITIONAL RESPONDENTS 2 TO 5 ARE IMPLEADED AS LEGAL HEIRS OF DCEASED 1ST RESPONDENT VIDE ORDER DT.13.6.2012 IN IA.1108/2012 IN CRP.670/2010.
ADDL.R2TO 5 BY ADV. SRI.J.OM PRAKASH
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.KEMAL PASHA, J.
C.R.P. No.670 of 2010 D
Dated this the 17th day of September, 2014
ORDER
The respondent Kerala State Electricity Board, in O.P.(Ele.)
No.4 of 2008 of the District Court, Alapuzha, has come up in revision, challenging order dated 20.8.2010 passed by the Additional District Court, Alapuzha, awarding an amount of ₹1,38,000/- as compensation on account of diminution in land value, to the respondent herein.
the petitioner for the drawal of 33 K.V. Thaikattuserry - Kuthiyathodu electric line. Compensation was granted for the trees cut and removed. Even though the respondent has challenged
the inadequacy of compensation for the trees cut and removed, the
C.R.P. No.670 of 2010
2
court below has not granted any enhancement in that respect. At
the same time, the court below has granted an amount of ₹1,38,000/- as compensation on account of diminution in land value.
that 24 cents of property is the affected land on account of the drawal of the electric line. Further, it has been argued that without taking any steps for the comparison of the land covered by Ext.A1 Sale Deed and the property in question, the court below has placed reliance on Ext.A1 and adopted the land value of ₹23,000/- per cent, as contained in Ext.A1 as land value of the property in question.
C.R.P. No.670 of 2010
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being so, the impugned order passed by court below is liable to be set aside.
In the result, this C.R.P. is allowed and the impugned order is set aside. The matter is remitted to the court below for fresh consideration in accordance with law. The parties are at liberty to adduce fresh/further evidence in the matter. The respondent is at liberty to get a commissioner appointed from the court below for
C.R.P. No.670 of 2010
4
collecting necessary data and evidence. The parties shall appear
before the court below on 27.10.2014.
Sd/-
B.KEMAL PASHA , JUDGE
dl
// TRUE COPY //
2 issues framed by the court
Whether the lower court committed error in accepting the value of Ext.A1 Sale Deed as the land value of the property in question without comparison.
Whether the conclusion regarding the extent of affected land was based on reliable evidence.
KERALA STATE ELECTRICITY BOARD
THOMMAN THOMAS
THRESIAMMA THOMAS
SRI.JOY
SRI.THOMAS T.
ANNAKKUTTY
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
