IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 5880   OF 2008

[Arising out of SLP(C) No.9651/2007]

KERALA STATE ELECTRICITY BOARD ... APPELLANT(S)

:VERSUS:

LONAPPAN AND ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel appearing for the parties, we are of the

opinion that the learned Additional District Judge, North Paravur, as also the High

Court  committed  a  serious  error  in  directing  payment  of  additional  amount  of

compensation to the respondents herein, i.e. a sum of Rs. 1,45,817/- towards the price

of the coconut trees and a sum of Rs. 1,17,925/- for the nutmeg trees while the claim

therefor was limited to Rs. 45,000/- and Rs. 17,000/- respectively.   

The learned Additional District Judge and the High Court relied upon the

report of the Commissioner, but it appears that the learned Additional District Judge

in his judgment stated:

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“The Commissioner without measuring out the property, has come

to the conclusion that 93 cents of property is under the line, I do not know how he arrived that magic figure. The petitioner has not made any effort  to  substantiate  the  same.   Hence,  the  claim regarding depreciation of land value is disallowed.”    

It  is  not in  dispute  that  the  Commissioner was  appointed  by the learned

Additional District Judge. It, however, appears that an objection to the report of the

Commissioner was filed. We would assume that the Commissioner was not summoned

by the appellant for his examination as is provided under Order XXVI Rule 10, sub-

rule (2) of the Code of Civil Procedure, but in a case where a dispute has been raised

in regard to the amount of claim, the learned Commissioner or for that matter the

Courts could not have directed payment of compensation to the claimants over and

above the amount prayed for in their claim applications.  

For the reasons aforementioned, the order of the  Additional District Judge

as also the High Court is modified to the extent that in stead and place of the awarded

sums of  compensation, the respondents shall be allowed compensation for sums of Rs.

45,000/- and Rs. 17,000/- only.  The amounts awarded on other heads shall, however,

remain unaltered.   

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The appeal is allowed to the aforementioned extent. However, in the facts

and circumstances of this case, there shall be no order as to costs.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, SEPTEMBER 26, 2008.