IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 CRP.No. 247 of 2007() --------------------- OP(ELE).222/2002 of ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM .................... REVN. PETITIONER: RESPONDENT IN O.P ----------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENTS: PETITIONER IN O.P ------------------------------ MR.SHIBU, S/O.SIMON, THACHETH, THURUTHIKKARA, MULAMTHURUTHY. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.247 of 2007 ------------------------------- Dated this the 8th July, 2008. O R D E R Kerala State Electricity Board is challenging the award passed by Additional District Court, Ernakulam, enhancing the compensation payable to the respondent, in Ele.O.P. No.222 of 2002, on account of drawing of 11 KV Piravom feeder electric line, through his property. A compensation of Rs.5,978/= was paid, being the value of seven yielding rubber trees cut from the property consisting of an extent of 20 cents. Dissatisfied with the compensation, respondent filed the petition for enhanced compensation. As per order dated, 29.1.2005, learned District Judge fixed the total compensation at Rs.13,188/=, viz., Rs.12,188/=, being the enhanced compensation granted for seven rubber trees cut and removed, and Rs.1000/= for diminution of land value, deducting Rs.5,978/= originally paid, the Board was directed to pay enhanced compensation of Rs.7,210/= with interest at the rate of 9% per annum. The Board is challenging the award in this revision petition contending that there is no basis for the CRP.247/2007 2 enhanced compensation granted. On hearing the learned counsel, I do not find any illegality or irregularity warranting interference. It is an admitted case that while drawing 11 KV line through the property of the respondent, seven rubber trees had to be cut and removed. It cannot be disputed that there would be a diminution of land value to the limited extent, as respondent would be prevented from effecting improvements or structures beneath the line. Still learned District Judge has only granted a nominal compensation of Rs.1000/= for diminution of land value. Even if it is taken that Rs.6210/= awarded as enhanced compensation for seven rubber trees is excess, considering the fact that diminution of land value awarded is only Rs.1000/=, I do not find any reason to interfere with the impugned order, as total compensation granted is only Rs.7210/=. Revision petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.