IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 CRP.No. 111 of 2001(A) ---------------------- OP(EL.83/1996 of ADDL. DISTRICT COURT, PARAVUR .................... REVN. PETITIONER: ------------------ THE SECRETARY, K.S.E.BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY BY ADV. SRI.N.D.PREMACHANDRAN, SC, KSEB RESPONDENTS: ------------- 1. K.A.BAVA, S/O.ABOOBACKER, RESIDING AT KARUKUNNATH HOUSE, PERINGALA P.O., KUNNATHUNADU VILLAGE. 2. THE DEPUTY TAHSILDAR (L.A) FOR K.S.E.BOARD, ERNAKULAM. BY ADV. SRI.ESM.KABEER FOR R1 SRI.K.M.IBRAHIMKUTTY FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP.No. 111 of 2001() ORDER ON C.M.P.NO.223/2001 IN C.R.P.N O.111/2001 CLOSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 12/06/2008 \\TRUE COPY// P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.111 of 2001 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2008. O R D E R Ramachandran Nair, J. This revision is filed challenging the order passed in O.P.(Ele.) No.83/1996 on the file of the Addl. District Court, N. Parur. The petition was filed by the first respondent under Section 51 of the Indian Electricity Act and Sections 10 and 16 of Indian Telegraph Act, seeking additional compensation for the trees cut and compensation for diminution in land value. 2. The facts show that for drawing 220 KV electric line, various trees like coconut, pepper-vine, rubber and jack tree were cut and removed. Additional compensation to the tune of Rs.19,20,312/- was claimed by the petitioner. The court below has allowed realisation of an additional compensation of Rs.1,36,104/- with interest at 6% from 14.8.1996. 3. Heard learned counsel for the parties. The court below analysed the evidence including the Commissioner's report for considering the claim for additional compensation. After considering the gross yield from one tapped rubber tree, number of tapping days, the net yield and net income, CRP 111/2001 -2- etc. capitalised value of 123 rubber trees has been arrived at. By the same method, additional compensation has been arrived at for four coconut trees as well as 24 peppervines. These were the major items of claims. The total compensation for the yielding trees was arrived at an amount of Rs.1,40,037/- and deducting the amount paid, the additional compensation was fixed at Rs.1,12,474/-. For diminution in land value for an extent of 50 cents of land, an amount of Rs.23,630/- has been awarded. 4. Even though it was contended that the compensation awarded is on a higher side, we find no reason to accept the said contention. The method adopted is an accepted one. The court below has awarded interest only at 6% from 14.8.1996 till realisation. Therefore, the order does not call for any interference on that count also. For all these reasons, the C.R.P. is dismissed confirming the order passed by the court below. No costs. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) CRP 111/2001 -3- kav/ P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.111 of 2001 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 12th June, 2008.