The Kerala State Electricity Board v. Chinamma Antony

_*"_ ## [2008] 10 S.C.R. 1008 A THE KERALA STATE ELECTRICITY BOARD _v._ CHINAMMA ANTONY (Civil Appeal No. 4381 of 2008) B JULY 15, 2008 [DR. ARIJIT PASAYAT AND H.S. BEDI, JJ.] _Compensation_ - _For diminution of land value on account of electricity line_ - _Enhanced by District Judge_ - _Revision pe-_ c _[titian dismissed ][by ][High Court ]_[-] _[On ][appeal, held: ][The ][com-] pensation need to be determined keeping in view the prin"'. ciples laid down in the relevant decisions of the Supreme Court_ - _Matter remitted to High Court._ Respondent was awarded comp1ensation for diminuD tion in land value on account of drawal of electricity line over her property. District Judge enhanced the compensation for the alleged loss. High Court dismissed the revi- , sion petition. Hence the present appeal. Allowing the appeal and remitting the matter to High Court, the Court E HELD: 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 F voltage line passes over a small tra1~t of land or through the middle of the land and other similar relevant factors would be determinative for award o,f compensation. 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 purG pose for which the same was meant to be used. So far as the compensation in relation to fruit-bearing trees are concerned the same would also de~pend upon the facts and Circumstances of each case. The matter needs to be G -.\. .. ... _ , +:~· 1008 H ~t THE KERALA STATE ELECTRICITY BOARD _v._ 1009 CHINAMMAANTONY [DR. ARIJIT PASAYAT, J] -y **decided in view of the above principles. [Paras 3 and 5] [1010 A-C; 1011-C]** _The Kera/a State Electricity Board v. Livisha etc. etc._ **2007(6) SCC 792;** _The Kera/a State Electricity Board v. B. Sreekumari_ **2008 (5) SCC 398 - relied on.** A B CIVILAPPELLATE JURISDICTION: Civil Appeal No. 4381 of 2008 From the Judgment and final Order dated 16/11/2005 of the High Court of Kera la at Ernakulam in C.R.P. No. 960 of 2005 c M.T. George for the Appellant. The Judgment of the Court was delivered by " _f_ . _>_ ~ \ ~--,..;- **Dr. ARIJIT PASAYAT, J** 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned D Single Judge of the Kerala High Court dismissing the Civil Revision Petition filed by the appellant-the Kerala State Electricity Board (in short the 'Board'). Challenge in the Civil Revision was to the order passed by Learn~d Additional District Judge, Thodupuzha, granting the enhanced compensation for alleged loss suffered by E the respondent (hereinafter referred to as the 'claimant') on account of drawal of electricity line over her property. The dispute related to the compensation awarded for diminution in land value and the grant of interest. Relying on a full Bench decision on a Kerala High Court in _Kumba Amma v. K.S.E.B._ [2002 (1) KLT F 542], the High Court dismissed the Civil Revision Petition. 3. 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 in Kamba Amma's case (supra) was set aside by this court in _The Kera/a 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: G **H** '· SUPREME COURT REPORTS [2008) 10 S.C.R. 1010 't-" -::._ ' I c D E A B F G "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 hi~Jh 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)_ sec _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 ofHaryana_ 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's_ case _(supra)_ 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's_ case _(supra)_ 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." 1- . t - -{,I[I ] ~ ·' I "- }- . _¥"""'_ 12. We are, therefore, of the opinion that the High Court should consider the matter afresh on the merit of each H ' .. THE KERALA STATE ELECTRICITY BOARD _v._ 1011 CHINAMMAANTONY [DR. ARIJIT PASAYAT, J] --'f matter having regard to the fact situation obtaining therein. A 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 case, there shall be no order as to costs. B B 4. There is no appearance on behalf of the respondent though notice has been served. 5. Following the view expressed by this Court in the decision referred to above, and in _The Kera/a State Electricity Board_ c _v. 8. Sreekumari_ (2008 (5) SCC 398), we set aside the impugned order of the High Court and remit the matter to it for fresh consideration keeping in view the principles set out in the decisions referred to above. ;_ ~ 6. The appeal is allowed without any order as to costs. K.K.T. Appeal allowed. D