IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 CRP.No. 428 of 2008() -------------------------------- OP(ELE)NO .70/2005 of ADDL.DISTRICT COURT & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER(S): REVISION PETITIONER/RESPONDENT ---------------------------------------------------------------------------------------- KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): RESPONDENT/PETITIONER ------------------------------------------------------------------ JACOB, S/O. ALEXANDER, KARITHARA, AROOR VILLAGE, CHERTHALA TALUK. BY ADV. SRI.MATHEWS K.PHILIP THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- C.R.P.No.428 of 2008 ---------------------------------------------------- Dated this the 6th day of April, 2011 Order The K.S.E.B is the revision petitioner. For drawing 110 KV electric line over the property held by the petitioner, a few trees were cut and removed through the property for whicdh a sum of Rs.3516/- was awarded as compensation. Complaining of inadequacy of the compensation, the claimant filed petition for enhanced compensation. It was alleged that the compensation determined by the awarding officer is grossly inadequate and that the entire 5 cents of land was rendered useless by the drawal of the line. The court below after analysing the evidence found that towards compensation for the trees, the claimant is entitled to get Rs.13,328/- instead of Rs.3516/- awarded by the awarding officer. Besides, it was also held that two cents of land was actually affected by the drawal of line for which calculating the diminution the value at 30% and estimating the land value at Rs.12,000/-, the compensation on that count was determined at Rs.12,000/-. CRP 428/08 2 2. Learned counsel for the petitioner would submit that no commission was taken out to show the extent of land alleged to have been affected by the drawal of line. It is also contended that no acceptable evidence was adduced to show what was the centage value prevalent at the relevant time. Learned counsel further submits that the compensation for the trees cut and removed was also enhanced without any reasonable basis. 3. Today also counsel for the respondent is absent. On going through the judgment, it is seen that not even oral evidence was adduced by the claimant. Ext.A1 was found to be not a document relating to a comparable land. No commission was also taken up to show the extent of the land which was affected by the drawal of the line. However, since few trees were admittedly cut and removed, the extent of land affected by the drawal of the line can be reasonable estimated at two cents. In the absence of any other reliable evidence, it is not possible to hold that the centage value fixed by the court below is just or reasonable. It may be possible for the claimant to produce relevant documents to substantiate his claim. Similarly, it was not stated by the court below as to howmany trees were cut and CRP 428/08 3 removed and what was the net annual yield from those trees. Though it was stated that the claimant is entitled to 5% return and that taking 15.372 as the annuity factor, the compensation can be worked out at Rs.13,328.03, it was not stated what was the actual net yield. Other particulars are also not mentioned in the order. The claimant's counsel is absent to enlighten this court to find how it was worked out. In the absence of any other evidence, there is no other alternative but to remand the matter to the court below for fresh decision. 4. In the result, the C.R.P is allowed. O.P.(Ele)No.70 of 2005 is remanded to the Additional District Court, Alappuzha for fresh disposal. The parties will appear before the court below on 27.5.2011. N.K.BALAKRISHNAN, JUDGE. srd CRP 428/08 4 CRP 428/08 5