Kerala State
Electricity Board Vs. C.P. Sivasankara Menon [2008] INSC 1245 (29 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4702 OF 2008 (Arising out
of S.L.P. (C) No.12436 of 2006) Kerala State Electricity Board ...Appellant
Versus C.P. Sivasankara Menon ...Respondent With Civil Appeal No.4703/2008 @ S.L.P.
(C) No.12438/2006
Dr. ARIJIT PASAYAT,
J.
S.L.P.(C) No.12436
and S.L.P. (C) No. 12438 of 2006
1.
Leave
granted.
2.
Challenge
in these appeals in each case is to the judgment of a learned Single Judge of
the Kerala High Court dismissing the Civil Revision Petition filed by the
appellant. In the civil revision petition, challenge was to the order passed by
learned Additional District Judge, North Paravur, in O.P. (Electricity)
No.40/1996 and 43/96. Several revision petitions were disposed of on the basis of
an earlier decision of the High Court in CRP No.507 of 2001 by order dated
03.12.2004.
3.
It
is submitted by learned counsel for the appellant that the view of the High
Court is not correct. The appellant- Board cut down certain yielding rubber
trees, 19 coconut trees, pepper vines, areca nut trees and mango trees for the
purpose of laying down 220 KV electric line. The respondents were not satisfied
with the awarded amount as determined for payment as compensation. O.P.
No.40/1996 in one case and 43/1996 in the other case were filed before the
Trial Court claiming additional compensation, which was allowed. The stand of
the appellant in this case is that the relevant position in law was not kept in
view by the High Court. The dispute related to the compensation awarded for
valuation of the yield of the trees and also for the future age of the same and
the grant of interest.
4.
In
support of the appeal, learned counsel for the appellant-Board submitted that
the High Court's judgment is clearly unsustainable as the Full Bench decision
of Kerala High Court in Kumba Amma v. K.S.E.B. (2000 (1) KLT 542) was set aside
by this Court in The Kerala State Electricity Board v. Livisha etc. etc.
[2007(6) SCC 792] by the common judgment in Civil Appeal No. 289 of 2006 and other
Civil Appeals. This Court set aside the impugned order in each case and
remitted the matter back to the High Court for a fresh consideration. It was,
inter-alia, observed as follows:
"10. The situs
of the land, the distance between the high voltage electricity line laid there over,
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 may lose his substantive right to use the property for the
purpose for which the same was meant to be used.
11. So far as the
compensation in relation to fruit-bearing trees are concerned the same would
also depend upon the facts and circumstances of each case. We may,
incidentally, refer to a recent decision of this Court in Land Acquisition
Officer v. Kamadana Ramakrishna Rao (2007 (3) SCC 526) wherein claim on yield
basis has been held to be relevant for determining the amount of compensation
payable under the Land Acquisition Act; same principle has been reiterated in
Kapur Singh Mistri v. Financial Commr. & Revenue Secy. to Govt. of Punjab
(1995 Supp. (2) SCC 635), State of Haryana v. Gurcharan Singh (1995 Supp. (2)
SCC 637), para 4 and Airports Authority of India v. Satyagopal Roy (2002 (3)
SCC 527). In Airports Authority it was held: (SCC p. 533, para 14) "14.
Hence, in our view, there was no reason for the High Court not to follow the
decision rendered by this Court in Gurcharan Singh case and determine the
compensation payable to the respondents on the basis of the yield from the
trees by applying 8 years' multiplier. In this view of the matter, in our view,
the High Court committed error apparent in awarding compensation adopting the
multiplier of 18."
12. We are,
therefore, of the opinion that the High Court should consider the matter afresh
on the merit of each matter having regard to the fact situation obtaining
therein. The impugned judgments, therefore, cannot be sustained. These are set
aside accordingly.
The matters are
remitted to the High Court for consideration thereon afresh. The appeals are
allowed. In the facts and circumstances of the 4 case, there shall be no order
as to costs."
5.
There
is no appearance on behalf of the respondents in each case though notice has
been served.
6.
Following
the view expressed by this Court in the decisions referred to above, we set
aside the impugned order of the High Court in each case and remit the matter to
it for fresh consideration keeping in view the principles set out in the
decision referred to above. The appeals are allowed without any order as to
costs.
..........................................J.
(Dr. ARIJIT PASAYAT)
..........................................J.
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