IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 CRP.No. 231 of 2009() --------------------- OP(ELE).41/2008 of ADDITIONAL DISTRICT COURT (ADHOC I), ERNAKULAM .................... REVISION PETITIONER(S): 1ST RESPONDENT: --------------------------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR (LA), FOR KSE BOARD, POWER HOUSE ROAD, ERNAKULAM. BY ADV. MR. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PETITIONER: ---------------------------------------------------- JOSEPH CHACKO, S/O. CHACKO, AGED 54 YEARS, THUDIYANPLACKAL, THAIDIKKULAM, OONNUKAL.P.O, ERNAKULAM DISTRICT. BY ADV. MR.GEO PAUL, MR.SANU MATHEW, MR.C.R.PRAMOD, MR.NOEL JOSEPH, MR.M.B.SANDEEP, MR.K.V.REJANISH. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.No.231 of 2009 - B --------------------------------- Dated this the 16th day of July, 2009 O R D E R This revision is filed against the award passed by the learned II Additional District Judge (Ad-hoc I), Ernakulam in O.P. (Ele).No.41/2002 filed by the respondent seeking enhanced compensation under Section 10 & 16 of the Indian Telegraph Act, 1885, Section 51 of the Indian Electricity Act 1910 and Sections 42 and 60 of the Indian Electricity (Supply) act, 1948, in respect of the trees cut and removed and also diminution in the value of the land by drawing of 220 KV Lower Periyar - Thrissur Electric Supply overhead lines by the Electricity Board through his property. The learned District Judge, after conducting enquiry, awarded enhanced compensation of Rs.6,00,648/- with interest at the rate of 9% per annum from the date of cutting of trees till the date of payment, following the principles laid down by this court in Kumba Amma v. KSEB (2000 (1) KLT 542). The enhanced compensation so awarded to the claimant/respondent, is challenged by the petitioners, Electricity Board in this revision. C.R.P.No.231 of 2009 - B 2 2. I heard the counsel on both sides. 3. It is not disputed that the award passed by the learned Dsitrict Judge granting enhanced compensation was based on the Full Bench decision of this Court in Kumba Amma v. KSEB (2000(1) KLT 542). That decision has been subsequently modified by the Apex Court in KSEB v. Livisha (2007(3) KLT 1). In the light of the decision of the Apex Court, differing from the views taken by this Court in Full Bench decision how a claim of enhanced compensation is to be adjudicated, the award passed by the learned District Judge impugned in this revision warrants modification. In such circumstances, the revision is allowed setting aside the award and remitting the case to the court below for fresh disposal in accordance with law. Parties to be given further opportunity to lead evidence in support of their case, if so desired. S.S.SATHEESACHANDRAN, JUDGE. bkn/-