IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 CRP.No. 698 of 2005() --------------------- ELEOP.478/1995 of II ADDL.DISTRICT COURT,ERNAKULAM .................... REVN. PETITIONER/ RESPONDENT IN O.P. --------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENT(S): PETITIONER IN O.P. --------------------------------- MUHAMMED, S/O. LATE ISMAIL, ELAVAKKATTU HOUSE, VAZHAKKALA VILLAGE, KAKKANAD. THIS CIVIL REVISION PETITION HAVING COME UP FOR CONSIDERATION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.698 OF 2005 ---------------------------- DATED THIS THE 9TH DAY OF JANUARY,2009 O R D E R The Kerala State Electricity Board challenged the order in O.P.(Ele.)No.457/95 passed by the IInd Additional District Court, Ernakulam. Certain yielding and non-yielding trees belonging to the claimant were cut and removed by the K.S.E. Board and paid a sum of Rs.22,905/- toward compensation. Before the court below the claimant claimed additional compensation for the trees cut and removed and for diminution in land value. Taking into consideration the facts and circumstances of the properties, the court below fixed the land value at Rs.18,000/- per cent and awarded 30% of the diminution in land value. The court below granted Rs.5,400/- per cent and for the 4 cents of land an amount of Rs.21,600/- was awarded as additional compensation. The fixation of additional compensation at the above rate on the basis of the evidence on record is just and reasonable. The additional -2- CRP.No.698/2005 compensation awarded is based on the data available on record. I find no reason to interfere with the award passed by the court below. The CRP fails and it is accordingly dismissed. No order as to costs. Sd/- HARUN-UL-RASHID, Judge. kcv. -3- CRP.No.698/2005