IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 CRP.No. 482 of 2008(G) --------------------- OP(ELE.) 26/2005 of ADDL.DISTRICT COURT, ALAPPUZHA. .................... REVN. PETITIONER(S): ------------------------------- KERALA STATE ELCTRICITY BOARD, REPRESENTED BY SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): --------------- GEETHA, W/O GANGAPRASAD, THAIKKARAN VELIYIL, AROOR VILLAGE, CHERTHALA TALUK. ADV. SRI.C.V.MANUVILSAN FOR R1 SMT.K.VIDYA FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- C.R.P.No.482 of 2008 G --------------------------------------- Dated this the 5th day of January, 2011 O R D E R The Kerala State Electricity Board challenges the order passed by the court below in O.P. (Electricity) No.26 of 2005. 2. For drawing Aroor - Kalamassery 110 KV line, trees from the property belonging to the respondent were cut and removed. The Board granted a compensation of Rs.1,506/- as per its award. Challenging the award, the respondent filed O.P.(Electricity) No.26 of 2005. 3. Before the court below, it was contended that the compensation awarded in respect of the trees was low. Relying on the decision reported in Kumba Amma vs. KSEB (2000 (1) KLT 542), the court below held that no enhancement is required in respect of the compensation for the trees cut. As regards the claim for diminution of land CRP 482/2008 2 value, the court below awarded a sum of Rs.18,000/-. Even after holding that “no Commission has been taken to objectively prove the area injuriously affected”, the court below made guess work and awarded the amount. The guess work is reflected in paragraph 9 of the order. The learned counsel for the petitioner relied on the Supreme Court judgment in Kerala State Electricity Board vs. Livisha and others (2007 (6) SCC 792), wherein the Supreme Court held thus : “10. 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 tract 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 CRP 482/2008 3 may lose his substantive right to use the property for the purpose for which the same was meant to be used.” In view of the judgment of the Supreme Court, the matter requires fresh consideration by the court below. Accordingly, the order passed by the court below is set aside and the case is remanded to the court below for fresh disposal in accordance with law and in the light of the judgment of the Supreme Court in Kerala State Electricity Board vs. Livisha and others (2007 (6) SCC 792). The parties shall appear before the court below on 16.2.2011. K.T.SANKARAN JUDGE csl