IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 CRP.No. 706 of 2007() --------------------- OPELE.156/1998 of ADDL.D.C. & ADDL.DISTRICT COURT,ALAPPUZHA. .................... REVN. PETITIONER(S): RESPONDENT: -------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): --------------- 1. KOCHU PAPPI, W/O. PADMANABHAN, CHENNATHU VELI, VARANADU, CHERTHALA. 2. C.P. RAGHAVAN, S/O. PADMANABHAN, CHENNATHU VELI, VARANADU, CHERTHALA. 3. OMANA, D/O. KOCHU PAPPI, CHENNATHU VELI, VARANADU, CHERTHALA. 4. C.P. VIJAYAN, S/O. PADMANABHAN, CHENNATHU VELI, VARANADU, CHERTHALA. 5. MALATHY, D/O. KOCHU PAPPI, CHENNATHU VELI, VARANADU, CHERTHALA. 6. ADDL.6. THANKAM, W/O. C.P.RAGHAVAN, CHENNATHU VELI, VARANADU, CHERTHALA. 7. ADDL.7. OMANA, D/O. THANKAMMA, CHENNATHU VELI, VARANADU, CHERTHALA. 8. ADDL.8. RAJENDRAN @ RAJU, S/O. C.P. RAGHAVAN, CHENNATHU VELI, VARANADU, CHERTHALA. 9. ADDL.9. SASI, S/O. RAGHAVAN, CHENNATHU VELI, VARANADU, CHERTHALA. 10. ADDL.10. USHAKUMARI, D/O. THANKAMMA, CHENNATHU VELI, VARANADU, CHERTHALA. 11. ADDL.11. LEELA, W/O. RAJAN, CHENNATHU VELI, VARANADU, CHERTHALA. 12. ADDL.12. RETNAMMA, W/O. RAMAKRISHNAN, KUNNATHETTU HOUSE, KAIPPUZHA P.O., KOTTAYAM. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J ------------------------------------- C.R.P No.706 OF 2007 -------------------------------- Dated this the 26th day of March 2010 ORDER Revision is directed against the order dated 27.09.2006 passed by the learned Additional District Judge, Alapuzha awarding enhanced compensation to the 1st respondent, hereinafter referred to as the claimant, towards the trees cut and removed and injurious affection to his land by the drawing of overhead electric line through his property. The revision petitioner, Kerala State Electricity Board, hereinafter referred to as the Board, for the purpose of drawing Mararikulam – Aroor 110 KV electric transmission line cut and removed some trees from the property of the claimant and towards the loss suffered thereof a sum of Rs.6,651/- was fixed and paid to him. Dissatisfied with the compensation awarded, the claimant preferred an application O.P No.156 of 1998 in which after enquiry, the District Judge awarded a sum of Rs.17,765/- as enhanced compensation directing the Board to pay such sum with interest. Propriety and correctness of that order is challenged in the revision. 2. Revision was moved with a petition to condone delay. After condonation of delay, there was default on the part C.R.P No.706 OF 2007 Page numbers of the Board to take steps for issue of notice. The learned counsel for the Board requested for one more chance to take steps against the respondents in the petition. Order issued for taking steps was as early on 17.08.2007, but, steps have not been taken so far. The question whether further opportunity to take steps require to be given was considered with reference to the merits of the order impugned. 3. The learned counsel for the Board was heard. Perusing the impugned order with reference to the submissions made by the learned counsel it is noticed that the Board has assessed compensation for the trees cut and removed adopting annuity return of 10%. The court below reassessed the compensation adopting annuity return of 5% in accordance with the directions given by this court in “Kumba Amma v K.S.E.B (2000(1) KLT 542”. A sum of Rs.5,765/- has been awarded as enhanced compensation by the court below on such refixation adopting annuity return of 5%. No serious challenge was raised over the refixation so made by the court by the learned counsel for the Board. Main challenge espoused was with reference to the compensation awarded towards injurious affection of the land through which overhead electric lines were drawn. From the impugned order, it is seen, an advocate commissioner was C.R.P No.706 OF 2007 Page numbers deputed by the court to collect relevant materials to enable it to adjudge the claim raised in the application. The advocate commissioner submitted a report stating that 19 cents out of 31 cents of the claimant's property was injuriously affected and the approximate centage value of the property was Rs.25,000/-. The court below was not inclined to accept the report. The claimant has also produced a copy of a registered sale deed contending that it reflects the value of his property. The court found that the value shown in that document is excessive. As there was no material to show that the property covered by that deed was similar to the property of the claimant, it was also not accepted. On the basis of the materials produced, the court below fixed the centage value of the property at Rs.8,000/-, and in respect of 5 cents of the property and that alone, compensation was awarded for injurious affection holding that such an extent of property suffered diminution of land value to the extent of 30%. I do not find any impropriety or illegality in the compensation so made by the learned District Judge where it is seen that the overhead line drawn through the property was for the purpose of a 110 KV transmission line. In the case of 110 KV transmission lines, sufficient clearing area on both sides of the line is also to be provided to avoid any mishap and also to ensure free flow of C.R.P No.706 OF 2007 Page numbers energy without any obstruction. The court below has concluded that 5 cents of property out of the 31 cents belonging to the claimant had been injuriously affected by the drawing of the overhead line. Compensation of Rs.12,000/- provided by the court holding that in respect of that 5 cents, the claimant had suffered 30% diminution of land value in the given facts of the case is found to be just and reasonable. When that be the case it is not necessary to issue any notice to the respondents, and the order of the court below is only to be affirmed. Revision lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN JUDGE //TRUE COPY// P.A TO JUDGE vdv