KERALA STATE ELECTRICITY BOARD Vs. SHANMUGHARAJ

JUDGEMENT

(1.) THIS revision petition is preferred against the order of the District Judge, Palakkad in O.P.162/03. The petitioner whose property had been interfered with by the K.S.E.B. for the purpose of drawing 110 K.V. line moved the Court below for getting compensation and the District Court granted an additional amount of Rs.97,025.55 with 6% interest. It is challenging that decision the K.S.E.B. has come up in revision.

(2.) THE court below in paragraph 14 of the judgment had relied upon a Full Bench decision of this Court reported in Kumba Amma v. K.S.E.B. 2000 (1) KLT 542) and held that the annuity at 5% has to be taken in cases like this. So it was on the basis of this judgment the court below calculated and applied the principles for the purpose of arriving at a compensation. Now the position has changed by virtue of the pronouncement of the Hon'ble Supreme Court in K.S.E.B. v. Livisha and others reported in 2007 (6) SCC 792. THE Hon'ble Supreme Court held that "there cannot be any fixed formula therefor. Although undoubtedly one formula laid down may assist the Board and/or the Reference Court to apply the same, but there cannot be a hard-and-fast rule in this behalf." After analysing the Apex Court held that "so far as the compensation in relation to fruit bearing trees is concerned the same would also depend upon the facts and circumstances of each case. In such cases claim on yield basis has been held to be relevant for determining the amount of compensation payable under the Land Acquisition Act". So it is the methodology that is stated by the Hon'ble Supreme Court that has to be followed for fixing the compensation. Since there is a change of position in law necessarily the matter has to go back to the Court below for fresh consideration on this point. THErefore the order under challenge is set aside and the matter is remitted back to the trial court with a direction to consider the whole matter in the light of the enunciated principles laid down in 2007 (6) SCC 792. THE parties are directed to appear before the trial court on 16.2.2011 and the matter be disposed of within a period of three months from the date of first appearance of parties before the Court below. THE C.R.P. is disposed of accordingly.