KERALA STATE ELECTRICITY BOARD Vs. CYRIAC STEPHEN

JUDGEMENT

(1.) By this petition the Kerala State Electricity Board seeks leave to appeal from the decision of the Subordinate Judge, Thodupuzha in L. A. R.4 of 1979 on the file of his court. The facts material for the present purpose are:- The State acquired 52.13 Ares of land in Sy. No. 270/1-6 of Thodupuzha village for the purpose of constructing Staff Quarters for the employees of the Board at Thodupuzha under the provisions of the Kerala Land Acquisition Act, 1961, Act 21 of 1962 (hereinafter, the Act). The Land Acquisition Officer awarded compensation at the rate of Rs 950/- per Are besides a sum of Rs. 4,233-17 as value of improvements and Rs. 8,063.50 as solatium. The learned Subordinate Judge raised the rate of compensation for the land by Rs. 1,550/- per Are by fixing land value at the rate of Rs 2.500/- per Are. Consequently the quantum of solatium and interest also was enhanced. It is not disputed that the cost of acquisition is to be met by the K. S. E Board. The State has not preferred any appeal. It is in these circumstances that the K. S. E. Board seeks permission to prefer an appeal from the decision in L. A. R. 4 of 1979 mentioned above.

(2.) Under S.60 of the Act, an appeal shall lie from the award or from any part of the award of the court as if it is a decree of a civil court under the provision of the Code of Civil Procedure, 1908 and subject to such rules as may be prescribed. No rule governing such appeals have been made.

(3.) S.96 of the Code provides that an appeal shall lie, from every decree passed by any court exercising original jurisdiction to the court authorised to hear appeals from the decisions of such court.