Leave granted.
This appeal is directed against the judgment and order dated 10.1.2008
passed by the High Court of Kerala in C.R.P. No.1015/2005, whereby and whereunder
an additional compensation for a sum of Rs. 1,47,256/- has been granted by way of
compensation for the trees cut for drawing overhead electrical line in terms of
provisions of the Indian Telegraph Act.
The issue involved in this appeal is since covered by a decision of this Court
in Kerala State Electricity Board vs. Livisha & Ors.,[2007 (6) SCC 792] followed in
Kerala State Electricity Board vs. B. Sreekumari, [2008(5) SCC 398].
In that view of the matter, we are of the opinion that interest of justice
would be subserved if the impugned judgment is set aside and the matter is remitted
to the High Court for consideration thereof afresh in the light of the aforesaid
decisions of this Court. We direct accordingly.
The appeal is disposed of accordingly. No costs.
(S.B. SINHA)
AUGUST 13, 2008.