IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 CRP.No. 74 of 2009() ------------------------------ ( AGAINST THE ORDER DATED 31/01/2008 OF THE HONOURABLE DISTRICT COURT, KASARAGOD IN O.P.(ELE.) NO.74 OF 2000) REVN. PETITIONER(S)/RESPONDENT ----------------------------------------------------- KERALA STATE ELECTRICITY BOARD, REP. BY SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): -------------------------- M.CHATHUTTY NAIR, S/O. MUTHU NARI, AGED 58 YEARS, PANNIKKOOR , P.O. PULLOOR. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. ------------------------------ C.R.P.No.74 OF 2009 ------------------------------ Dated this the 28 th day of February, 2011 ORDER For drawing 220 K.V. High tension electric line, trees standing on the property of the respondent were cut and removed. Dissatisfied with the amount of compensation awarded by the Kerala State Electricity Board, the respondent filed OP No.74 of 2000 before the District Court, Kasaragod. The District Court enhanced the compensation for tree cutting for a sum of Rs.382/-. Compensation for diminution of land value was granted at Rs.15,582/-. The Kerala State Electricity Board has challenged the order passed by the District Court. 2. The total extent of land belonging to the petitioner was 2.60 Acres. The Kerala State Electricity Board awarded a sum of Rs.1237.89/- as compensation for the trees cut. The court below fixed the compensation on the basis of 8% annuity and held that the respondent is entitled to an C.R.P.No.74 OF 2009 2 additional sum of Rs.382/-. The decision of the Supreme Court in Kerala State Electricity Board v. Livisha 2007(3) KLT 1(SC) and other binding decisions of the Supreme Court were taken note of by the court below. 3. As regards the claim for compensation on account of diminution of land value, the court below held that an extent of 38 cents was affected by the drawl of the electric line. The land value was fixed at Rs.2000/- per cent of land on the basis of the report submitted by the Tahsildar, as against the value of Rs.4000/- suggested by the Advocate Commissioner. Compensation was fixed at the rate of 20% of the land value. Thus the court below held that the respondent herein is entitled to an enhanced compensation of Rs.15,582/- on account of diminution of land value. 4. The order passed by the court below is just C.R.P.No.74 OF 2009 3 and reasonable. All the relevant facts and circumstances of the case and the decisions of the Supreme Court were taken note of. The amount awarded is not excessive. The land value was fixed on the basis of report submitted by the Tahsildar. Even the report submitted by the Commissioner was not accepted since the court below relied on the report of the Tahsildar. 5. No grounds are made out for interference with the order passed by the court below. The C.R.P lacks merits, and it is accordingly, dismissed. K.T.SANKARAN, JUDGE. cms