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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 What is the correct method for determining compensation for trees cut and land affected by the drawal of high voltage electric lines?
- 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.
Full Case Text
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