P.SHANMUGAM, K.T.THOMAS
Kerala State Electricity Board – Appellant
Versus
T. T. P. Kayo – Respondent
Usha, J.
Orders passed by the District Judge in exercise of the jurisdiction under S.16(3) of the Indian Telegraph Act, 1885 read with S.51 of the Indian Electricity Act, 1910 are' under challenge in these revision petitions. In C. R. P. Nos. 99,191, 228, 306, 347 of 1994,1358 and 2079 of 1995 of the Kerala State Electricity Board, hereinafter referred to as 'Board', challenges the quantum of compensation granted by the District Judge as excessive whereas in C. R. P. Nos. 2128 of 1991,1153,1468,1497,1582,1620,1726,1947 & 2049 of 1995 the complaint of the petitioners is that the compensation granted was inadequate. Apart from claiming enhanced compensation for destruction of trees standing on their property, the owners of the property claimed compensation for diminution in value of the land. When these revision petitions came up for admission before a learned Single Judge, the Board took up a contention that dictum laid down by a decision of this Court in K.S.E.B. v. Cheriyan Varghese, 1989(1) KLT 451, in the matter of granting compensation for diminution in value of land is liable to be reconsidered.. The learned Single Judge referred the matter before a Division Bench.
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