Electricity Board Vs. Sherry  INSC 1358 (13 August 2008)
JURISDICTION CIVIL APPEAL NO. 5095 OF 2008 [Arising out of SLP(C) No.
10827/2008] KEARALA STATE ELECTRICITY BOARD ... APPELLANT(S) :VERSUS:
ORDER Leave granted.
This appeal is
directed against the judgment and order dated 10.1.2008 passed by the High
Court of Kerala in C.R.P. No.1015/2005, whereby and whereunder an additional
compensation for a sum of Rs. 1,47,256/- has been granted by way of
compensation for the trees cut for drawing overhead electrical line in terms of
provisions of the Indian Telegraph Act.
The issue involved in
this appeal is since covered by a decision of this Court in Kerala State
Electricity Board vs. Livisha & Ors.,[2007 (6) SCC 792] followed in Kerala
State Electricity Board vs. B. Sreekumari, [2008(5) SCC 398].
-2- In that view of
the matter, we are of the opinion that interest of justice would be subserved
if the impugned judgment is set aside and the matter is remitted to the High
Court for consideration thereof afresh in the light of the aforesaid decisions
of this Court. We direct accordingly.
The appeal is
disposed of accordingly. No costs.
DELHI, AUGUST 13, 2008.