Search Results Page
Search Results
1 - 10 of 17 (0.34 seconds)The Kerala State Electricity Board vs Livisha Etc. Etc on 18 May, 2007
In paragraph 10 to
12 of the Judgment in Livisha's case, the
Apex Court has observed as under:
The State Of Gujarat & Ors vs Rama Rana & Ors on 13 December, 1996
9. The Cognate Bench of this court while
analyzing the method to be adopted for valuing fruit
bearing trees has collated the legal principles laid down
by the Hon'ble Apex Court in host of cases and the
same is quoted hereunder:
Kerala State Electricity Board vs C.P. Sivasankara Menon on 29 July, 2008
"16. Now coming to the method to be
adopted for valuing fruit bearing tree, the
learned District Judge has taken the
economic lifespan of the tree as 35 years and
has multiplied the net amount derived as
income from the tree by capitalising the
income using 35 as multiplier. The Apex
Court in the case of KERALA STATE
4
(1997)2 SCC 693
-6-
ELECTRICITY BOARD Vs.
C.P.SIVASANKARA MENON - 2009 AIR SCW
388, while referring to the earlier decision in
KERALA STATE ELECTRICITY BOARD Vs.
LIVISHA AND OTHERS -(2007) 6 SCC 792
has held that compensation payable to the
land owners based on the yield from the tree
ought to have been worked out by applying
appropriate multiplier as was done in the
case of STATE OF HARYANA Vs.
GURCHARAN SINGH AND ANOTHER - 1995
Supp (2) SCC 637 and therefore remitted the
matter for fresh consideration to the
competent Court in respect of a similar
matter arising from the State of Kerala.
State Of Haryana vs Gurcharan Singh & Anr. Etc on 18 January, 1995
4. Hence, in our view, there
was no reason for the High Court not
to follow the decision rendered by this
Court in Gurcharan Singh case [1995
Supp (2) SCC 637] and determine the
compensation payable to the
respondents on the basis of the yield
from the trees by applying 8 years'
multiplier. In this view of the matter,
-9-
in our view, the High Court committed
error apparent in awarding
compensation adopting the multiplier
of 18."
Komath Kumba Amma And Ors. vs Kerala State Electricity Board on 17 November, 1999
In KERALA STATE ELECTRICITY
BOARD Vs. LIVISHA AND OTHERS -(2007) 6
SCC 792, the Apex Court while considering
the determination of compensation made
based on the Judgment of Five Judges
Bench of Kerala High Court in the matter of
KOMATH KUMBA AMMA & OTHERS Vs.
KERALA STATE ELECTRICITY BOARD -
Land Acquisition Officer, A. P vs Kamadana Ramakrishna Rao & Anr on 7 February, 2007
11. So far as the compensation in
relation to fruit bearing trees are concerned
the same would also depend upon the facts
and circumstances of each case. We may,
incidentally, refer to a recent decision of this
Court in Land Acquisition Officer Vs.
Kamadana Ramakrishna Rao [(2007) 3 SCC
526: 2007 AIR SCW 1145] wherein claim on
yield basis has been held to be relevant for
determining the amount of compensation
payable under the Land Acquisition Act;
same principle has been reiterated in Kapur
Singh Mistri Vs. Financial Commissioner &
Revenue Secretary to Government of Punjab
[1995 Supp (2) SCC 637], para 4 and
Airports Authority of India Vs. Satyagopal
Roy [(2002) 3 SCC 527]. In Airports
Authority [(2002) 34 SCC 527] it was held:
Airports Authority Of India vs Satyagopal Roy & Others on 15 March, 2002
11. So far as the compensation in
relation to fruit bearing trees are concerned
the same would also depend upon the facts
and circumstances of each case. We may,
incidentally, refer to a recent decision of this
Court in Land Acquisition Officer Vs.
Kamadana Ramakrishna Rao [(2007) 3 SCC
526: 2007 AIR SCW 1145] wherein claim on
yield basis has been held to be relevant for
determining the amount of compensation
payable under the Land Acquisition Act;
same principle has been reiterated in Kapur
Singh Mistri Vs. Financial Commissioner &
Revenue Secretary to Government of Punjab
[1995 Supp (2) SCC 637], para 4 and
Airports Authority of India Vs. Satyagopal
Roy [(2002) 3 SCC 527]. In Airports
Authority [(2002) 34 SCC 527] it was held: