IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 CRP.No. 572 of 2007() --------------------- OPELE.539/2002 of ADDL.DISTRICT COURT,ALAPPUZHA. .................... REVN. PETITIONER: IST RESPONDENT ------------------------------------------ POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.SHAFIK M.ABDULKHADIR RESPONDENT: PETITIONER -------------------------------- 1. SRI.RAMACHANDRAN PILLAI, GOWRI NIVAS, VATHIKULAM, THEKKEKKARA VILLAGE, ALAPPUZHA DISTRICT. 2. SMT.SANTHAKUMARI KUNJAMMA, GOWRI NIVAS, VATHIKULAM, THEKKEKKARA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.SASIKUMAR FOR R.1,2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON 28/07/2008 PASSED THE FOLLOWING: M.Sasidharan Nambiar,J. ======================= C.R.P No.572 of 2007 ======================= Dated this the 28th day of July, 2008 O R D E R First respondent Power Grid Corporation of India in OP(EA) No.539/2002 on the file of Additional District Court, Alappuzha filed the revision challenging the award passed by the Additional District Judge based on Kumba Amma v. K.S.E.B (2000 (1) KLT 542). A compensation of Rs.91,476/- was awarded in favour of respondents for drawing Kayamkulam-Edamon 220 KV electric transmission over their property in survey No.185/22 and 674/6 of Thekkekkara Village. Dissatisfied with the compensation, petition was filed claiming enhanced compensation. Learned Additional District Judge granted an additional compensation of Rs.32400/- based on Kumba Amma's case. Learned counsel appearing for petitioner submitted that in view of the decision of the Apex Court in K.S.E.B. v. Livisha (2007(3) KLT 1 the CRP No.572/2007 2 award passed by learned District Judge is to be set aside. Learned counsel appearing for respondents submitted that if the case is to be remanded to the District Court, respondents may also be granted opportunity to adduce evidence. 3. In view of the decision of the Apex Court in Livisha's case, enhanced compensation granted based solely on Kumba Amma's case will not stand. In such circumstance, award dated 21.11.2006 is set aside. O.P.(EA) 539/2002 is remanded to Additional District Court for fresh disposal in accordance with law, in the light of the decision of the Apex Court in Livisha's case. Parties are entitled to adduce further evidence. Civil Revision Petition is disposed of as above. M.Sasidharan Nambiar Judge tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008