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2008 Supreme(SC) 1066

ARIJIT PASAYAT
Kerala State Electricity Board – Appellant
Versus
Chinamma Antony – Respondent


JUDGMENT

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned 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 Learned Additional District Judge, Thodupuzha, granting the enhanced compensation for alleged loss suffered by 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 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 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






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