IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 CRP.No. 268 of 2009() --------------------- OP(ELE).44/1999 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVISION PETITIONER(S): RESPONDENT: --------------------------------------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY ADV. MR. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PETITIONERS 2 & 3: --------------------------------------------------------- 1. SYAMALA DEVI, AGED 55, D/O.DEVAKY AMMA, VELIYIL MADATHIL, CHARAMANGALAM, CHERTHALA. 2. PREMA, AGED 34, D/O.SYAMALA DEVI, VELIYIL MADATHIL, CHARAMANGALAM, CHERTHALA. R1 & R2 BY ADVS. MR.K.K.RAMACHANDRAN PILLAI, SMT.JEENA ANNIE JOSEPH, SMT.R.LEKSHMI, MR.P.R.SUDHAKARAN NAIR. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- C.R.P.No.268 OF 2009 -------------------------- Dated this the 5th day of August 2009 ------------------------------------- O R D E R Revision is filed against the order dated 15/11/2008 in O.P (Ele.) No.44/1999 passed by the learned Additional District Judge, Alapuzha. The above petition was filed by the respondents claiming enhanced compensation under Section 16 of the Indian Electricity Act and Indian Telegraph Act 1885 towards the damages caused by the cutting and removal of the trees and injurious affectation to the land on account of the drawing of overhead lines through their property for the 110 KV electric transmission line. Petitioners were awarded a compensation of Rs.14,811/- towards the damages sustained, but contending that sum to be unreasonable, the claim for enhanced compensation C.R.P.No.268 OF 2009 Page numbers was sought for by filing the petition. Previously the compensation awarded by the District Court was challenged by the petitioner filing C.R.P No. 529 of 2005, and that revision was disposed by granting additional amount towards the diminution of the land value, but, remitting the case for recalculation of the amount payable as compensation towards cutting and removal of the trees. Pursuant to such remission the court below recalculating the amount of compensation payable fixed the amount of compensation at Rs. 3,23,693/- awarding a further sum of Rs.8348.85 as additional compensation for the trees cut, directing the Board to pay such sum with 8% interest as on 29/10/2008 from the date of cutting of the trees. The present revision has been filed by the board stating that in the recalculation made by the court, there is an apparent mistake and excess amount has been fixed. After hearing the counsel on both sides the board was directed to file a statement showing the correct calculation and serve a copy to the C.R.P.No.268 OF 2009 Page numbers respondent. Accordingly a statement has been filed showing the calculation as below. Total land value Principal Amount Interest 10,000*40*39.33 100 1,57,320 Interest at 8% from 22-09- 1993 to 04-12-2006. 1,66,233 Amount attached by respondent/ petitioner based on the order dated 26-11-2004 of Hon'ble Addl. District Court, Alapuzha in EOP 44 of 1999. 24,081 18,300 Balance due 1,33,239 1,47,933 Amount at 8% on principal amount from 05-12-2006 to 29-10-2008. 20,296 Balance due 1,33,239 1,68,229 Total 3,01,468 C.R.P.No.268 OF 2009 Page numbers 2. Respondent has no objection to the calculation made and in its acceptance it as the correct calculation. As per the calculation filed before this court, the total amount due as compensation to the respondent is Rs.3,01,468/- as on 29/10/2008. Order of the court below awarding compensation shall stand modified in terms with the calculation shown as above. The respondents / claimants will be entitled to have interest at 8% on the balance amount under the principal sum of Rs. 1,33,239/- till discharge of the entire liability. 3. The revision is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv