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september 2008

Supreme Court of India · 2008-09-26

Kerala State Electricity Board vs Lonappan & Anr

Court
Supreme Court of India
Petitioner
Kerala State Electricity Board
Respondent
Lonappan & Anr
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the Commissioner failed to substantiate the measurement of the property, leading to the disallowance of the claim for depreciation of land value. It was noted that the Commissioner was not summoned for examination as required under Order XXVI Rule 10(2) of the Code of Civil Procedure, which impacted the validity of the compensation awarded. The Court modified the compensation amounts awarded by the Additional District Judge and the High Court, allowing Rs. 45,000 and Rs. 17,000 only, while maintaining other awarded sums unchanged.

Kerala State Electricity Board vs Lonappan & Anr · Niyam