IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 CRP.No. 557 of 2008() --------------------- OPELE.85/2005 of ADDL.DISTRICT COURT,ALAPPUZHA. .................... REVN. PETITIONER: RESPONDENT ------------------------------------- KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT:PETITIONER ----------------------------- SOBHANAMMA, W/O.VISWAMBHARAN, PULIMPARAMBIL, AROOR VILLAGE, CHERTHALA TALUK. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.1634/2008 IN C.R.P.NO.557/2008 25.7.2008 Dismissed Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge M.Sasidharan Nambiar,J. ======================= C.R.P No.557 of 2008 ======================= Dated this the 25th day of July, 2008 O R D E R Kerala State Electricity Board has filed this revision petition challenging the enhanced compensation granted to respondent in O.P.(Ele) No.85 of 2005. Aroor-Kalamassery 110 KV high tension line was drawn over the property of respondent. As one coconut tree was standing in the lane which had to be cut, a compensation of Rs.1238/- was awarded. It was received by respondent under protest. Subsequently he filed a petition before District Court, Alappuzha as provided under section 16 of Indian Telegraph Act read with Section 51 of Indian Electricity Act. Learned District Judge on the evidence granted an enhanced compensation of Rs.944/- for the coconut tree cut. District Court finding that the value of the property has been diminished by drawing of line and assessing the land value of Rs.20,000/- and C.R.P.557/2008 2 computing the diminution of land value at 30% a compensation of Rs.12000/- was awarded. Petitioner was directed to pay the enhanced compensation of Rs.12944/- with 6% interest. This petition is filed challenging the same. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel argued that only one coconut tree was cut and the compensation granted is excessive and there is no basis for fixing land value at Rs.20,000/-. On going through the award passed by learned District Judge, it is clear that 2 cents of the respondent's property has been adversely effected by the drawing of the line. Hence definitely there will be a diminution of 30% of the land value to that extent of 2 cents. It is on that basis compensation of 12000/- was granted for diminution of land value. I do not find any illegality or irregularity in the award. Civil Revision Petition is dismissed. M.Sasidharan Nambiar Judge C.R.P.557/2008 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008