IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 CRP.No. 866 of 2006() ------------------------------ OP(ELE).186/1999 of ADDL. DISTRICT COURT, PARAVUR .................... REVN. PETITIONER(S): RESPONDENTS IN OP. ----------------------------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY,VIDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KSEB,TRANSMISSION SUB DIVISION, ANGAMALY. BY ADVS. SRI.K.S.ANIL, SC, KSEB SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PETITIONERS IN OP ------------------------------------------------------- 1. SRI.C.V.PAPPACHAN,S/O.VARKEY,CHOWARAN HOUSE,MATTOOR,KALADY. 2. MARY PAPPACHAN,W/O.PAPPACHAN,CHOWARAN HOUSE, MATTOOR,KALADY. ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH FOR R.1,2 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss ORDER ON IA. NO.3139/2006 IN CRP. NO.866/2006 DISMISSED 03/02/2011 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 866 OF 2006 = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2011. O R D E R This revision petition is preferred against the order of the Addl. District Judge, North Paravur in Ele.O.P.186/99. 13.90 Ares of land in Sy.No.177/16 was in the possession of the petitioners. According to them it is very fertile, cultivable land and for the purpose of drawing a 110 KV line K.S.E.B. had cut and removed 13 coconut trees and awarded a compensation of Rs.11,357/-. Dissatisfied with the same they approached the Court and the Court after consideration of the entire materials granted an additional amount of Rs.89,833/- with 9% interest. 2. A perusal of the award would reveal that the tower was rooted in a place of 1½ cents and the Court below also found that 3½ cents of CRP NO. 866 of 2006 -:2:- land had been affected for the drawing of the line. The trial court fixed the land value at Rs.9,000/- per cent though it was claimed a Rs.13,000/-. The trial court rejected the case of the applicants on the ground the comparable land had a road frontage. The Court found that 1½ cents have became totally useless by erection of the tower and 3½ cents are affected to a tune of 50%. So fixing the amount at Rs.9,000/- per cent the Court below granted Rs.13,500/- for 1½ cents and for 50% awarded Rs.15,750/-. I do not find any material irregularity with respect to that though the value deducted for the diminution appears to be little high. So far as the trees are concerned the age of 11 coconut trees were about 18 years and the other trees about 15 years. The market value of one coconut was fixed at Rs.4.50/- and the longevity of the CRP NO. 866 of 2006 -:3:- tree was put at 70 years as per the contention of the petitioners. After considering the entire materials the Court below granted and fixed the rate at Rs.85,840/- for the trees and deducted Rs.11,357/- as the amount already granted. Thus the value of the trees came to Rs.74,083/-. Then the land value of 1½ cents at Rs.13,500/- and the land value affected after the diminution value is at Rs.15,750/- thus making a total compensation of Rs.1,03,333/- but I do not know how the Tribunal had arrived at a figure of Rs.89,833/-. It appears to be incorrect. 3. Now after hearing the learned counsel for the petitioners there had been a reference of this matter to the Adalath. The Board which has filed a petition had submitted before the learned mediators that the Board is prepared to CRP NO. 866 of 2006 -:4:- compromise the matter if 15% is reduced. What is to be reduced is from Rs.1,03,333/- and not Rs.89,833/- when 15% is so deducted the amount will come to Rs.15,499/- and it will work out to Rs.87,834/-. Considering the matter in that perspective I am inclined to refix the compensation at Rs.87,834/- with 9% interest from the date of cutting, i.e. 16.8.97 till the date of actual payment. I am informed that the payment had been made therefore at present there is a over payment of Rs.2,000/- with 9% interest from 16.8.97 which is really repayable to the K.S.E.B. if already paid. So the award is modified accordingly. The K.S.E.B. is entitled to recover it from the petitioner if not paid by the petitioner. M.N. KRISHNAN, JUDGE. ul/-