IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 CRP.No. 705 of 2007() --------------------- OP(ELE).96/2001 of ADDL.D.C. & MACT,THODUPUZHA .................... REVISION PETITIONER(S): RESPONDENT: -------------------------------------------------------------- KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, THIRUVANANTHAPURAM. BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER: ----------------------------------------------- KUNJAN NARAYANAN, KARIKKUZHIYIL (H), MUNIYARA P.O., IDUKKI. BY ADV. MR.V.K.SUNIL THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.1907/07 IN C.R.P.NO.705/2007 DISMISSED 16/06/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.705 OF 2007 (D) ----------------------------------- Dated this the 16th day of June, 2009 O R D E R The revision is directed against the award passed in O.P.(Ele).No.96/2001 of the District Court, Thodupuzha granting enhanced compensation to the respondent a sum of Rs.23,130/- with interest at the rate of 9% per annum till realisation towards drawing of the Koothunkal-Panamkutty 110 KV line. The petitioner, a statutory authority cut and removed some valuable trees from the property of the respondent, for drawing the line. The claim for enhanced compensation was 1,68,100/-. Disputing the compensation assessed and paid as meagre, the respondent filed the above petition for enhanced compensation. The claim was resisted by the present petitioner/respondent in that petition, contending that reasonable and adequate compensation had been provided towards the loss suffered by the petitioner on drawing of the line over his property. The dispute in the CRP.705/07 2 assessment of compensation centered around the rate fixed by the Board, with respect to agricultural produces viz, cardamom, coffee, rubber and pepper vine etc. cultivated in the property of the respondent which had been cut and removed. The learned District Judge, after taking note of the price for such agricultural produce during the relevant time in the gazette notification published by the Government reassessed the value in terms of such notification. Similarly, the deductions made by the petitioner from the yield of the agricultural produce towards natural decay, cultivation expenses etc. was also found very much on the higher side warranting modification. The Board has assessed deductions at 60% on coffee, cardamom and rubber and for other agricultural produces at 43.75%. Taking note that petitioner is a small cultivator carrying on agricultural operations the deductions allowable were refixed for coffee at 30%, cardamom at 35%, rubber at 40% and other produces at 25%. Similarly, the rate of return for assessment of the compensation has been fixed by the Board at 10% which was refixed by the learned District Judge at 5% in the light of the CRP.705/07 3 decision in Kumbha Amma v. K.S.E.B. (2000 (1) KLT 542). A calculation statement on the basis of the reassessment made as indicated above was filed by the claimant and it was accepted by the respondent, namely KSEB. No circumstance whatsoever has been brought to my notice to show that the principles adopted by the learned District Judge in reassessing the value for fixing the reasonable compensation were not in accordance with the settled guidelines and against the principles of equity and justice. I do not find any scope for interference with the award passed by the learned District Judge awarding enhanced compensation of Rs.23,130/- with interest at 9% to the respondent, petitioner in the original petition. Enhanced compensation so provided is found to be just and reasonable. The revision is devoid of any merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp CRP.705/07 4 S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009