THE KERALA STATE ELECTRICITY BOARD versus LIVISHA ETC. ETC.

THE KERALA STATE ELECTRICITY BOARD versus LIVISHA ETC. ETC.

The High Court erred in enhancing compensation and rate of diminution without analyzing material or providing reasons; compensation must be determined based on statutory purpose and facts of each case, guided by but not bound to previous formulae.

Source-derived case information.

Parties
Appellant: Kerala State Electricity Board; Respondent: Livisha etc. etc.
Jurisdiction
India
Judgment Date
18 May 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeals allowed; impugned High Court judgments set aside.
Legal Topics
Compensation for Cutting of Trees for Electric Line, Determination of Land Value, Statutory Compensation Methodology
Land Acquisition Compensation Law Electricity Law Compensation for Cutting of Trees for Electric Line Determination of Land Value Statutory Compensation Methodology

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Parties

Kerala State Electricity Board

Appellant

Livisha etc. etc.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

  1. 1 What is the correct method for determining compensation for trees cut and land affected by the drawal of high voltage electric lines?
  2. 2 Is there a fixed formula for compensation or must it depend on facts and statutory purpose?

Ratio Decidendi

The High Court erred in enhancing compensation and rate of diminution without analyzing material or providing reasons; compensation must be determined based on statutory purpose and facts of each case, guided by but not bound to previous formulae.

Court Disposition

Appeals allowed; impugned High Court judgments set aside.

Orders

  • The matters are remitted to the High Court for fresh consideration on merits, having regard to the facts of each case.
  • No order as to costs.