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2008 Supreme(SC) 1139

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Kerala State Electricity Board – Appellant
Versus
C. P. Sivasankara Menon – Respondent


Judgment

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









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