IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 CRP.No. 1034 of 2005() ---------------------- OPELE.190/1995 of ADDL.DISTRICT COURT (ADHOC)-II, ERNAKULAM .................... REVN. PETITIONER: RESPONDENT IN OP ---------------------------------- THE SECRETARY, K.S.E.BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER IN OP ----------------------------- P.K.VISWANATHAN, AGED 54 YEARS, S/O.KRISHNAN, PEEDIYAKKAL PARAMBIL, PONNARIMANGALAM, MULAVUKAD P.O. BY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA NO.2416/2005 DISMISSED. 12/6/2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.1034 of 2005 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2008. O R D E R Ramachandran Nair, J. The revision petition arises from the order passed by the Addl. District Judge, Ernakulam in O.P.(Ele.) No.190/1995. The matter arises in a proceeding under the Indian Telegraph Act read with Indian Electricity Act. For the purpose of drawing an electric line, various items of trees were cut and removed by the Electricity Board. An amount of Rs.21,465/- was paid as compensation. The respondent claimed additional compensation which was allowed by the court below by directing to pay additional compensation of Rs.3,27,604/- with interest at 6% from 29.4.1992 till realisation. 2. The trees cut and removed were mainly coconut trees. Eleven yielding coconut trees of 10 years age and 4 coconut saplings of 5 years age were cut and removed. Adopting the principles laid down in Kumbha v. K.S.E.B. (2000 (1) KLT 542), the court below fixed the annuity at 5% and held that the respondent is entitled to get an amount of Rs.28,524/- as additional compensation for the trees cut and removed. CRP 1034/2005 -2- 3. Regarding the diminution in land value for an extent of 1 acre and 49.540 cents of land, 20% of the land value was given which is a reasonable compensation. The property in question is situated on the opposite side of the river shore at Pachalam and Lourde's Hospital, Pachalam. The court below relied upon Ext.C1 Commission report and Exts.C1(a) and C1(b) sketches. The land is situated in an important locality. Apart from coconut trees, no other cultivations were there. The Commissioner fixed the land value between Rs.10,000/- and Rs.15,000/- per cent. Exts.A2 and A3 were also produced in support of the land value claimed. The court below has fixed the same at Rs.10,000/- per cent at the time of cutting of the tree, on a reasonable assessment of the various aspects including the commercial importance of the locality. 4. As regards the land value fixed by the court below, the petitioner has not raised any valid grounds to reject the same. Even though it is vaguely pleaded that the court below has passed the award without assessing the real nature of the land, we find that the said contention cannot be accepted in view of the evidence discussed by the court below. No other materials have been produced to show that the land value is on a higher side and is not a reasonable one. The petitioner has not adduced any other evidence oral or documentary as regards the diminution in land value. The CRP 1034/2005 -3- locality being an important one also, it cannot be stated going by the evidence available in this case, that the land value fixed is exorbitant warranting interference in this proceedings. 5. Herein, the rate of interest on the additional amount awarded is only at 6% from 29.4.1992 till realisation. We find that the same is a reasonable one and it does not call for any interference at all. Therefore, the revision petition is dismissed confirming the order passed by the court below. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/