IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 CRP.No. 344 of 2004 OP(ELE.) NO.79/2000 OF THE ADDITIONAL DISTRICT COURT, THODUPUZHA REVN. PETITIONER: PETITIONER: ----------------------------------------------- STEPHEN JOSEPH, AGED 53, S/O. STEPHEN CHARALAMKUNNEL HOUSE, MUNIYARA P.O., KONNATHADY VILLAGE, UDUBENCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.M.V.SABU RESPONDENT: RESPONDENT: ------------------------------------------ KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE J.MATHEIKEL,SC FOR KSEB. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 344 OF 2004 -------------------------------------------- Dated this the 14th February, 2008 O R D E R For drawing Koothunkal-Panamkutty 110 KV electric line, trees were cut and the property belonging to the petitioner was affected. Dissatisfied with the compensation awarded by the Board, the petitioner filed O.P.(Ele.) No.79 of 2000, claiming an additional compensation of Rs.7 lakhs. The court below did not grant any additional compensation on the ground of diminution in land value since no evidence was adduced. The yield assessed by the Board, the age of the trees shown in the detailed valuation statement, the future age of the trees etc. were confirmed by the court below as the petitioner failed to prove his contentions in that regard. 2. Under point No.2, the court below fixed the price of coffee at Rs.40 per kilogram as against the award of Rs.15/- per kg., made by the Board. The petitioner claimed that he is entitled to get the price as shown in Ext.A1 price list issued by the Coffee Board, Bangalore. As per Ext.A1 price list, the price of clean coffee is shown as Rs.3,722/- for 50 kgs., which will work out to Rs.74.44 per kg. The contention of the petitioner is that the amount awarded by the court below is low. The court below noticed that the variety shown in Ext.A1 is robesta coffee. The petitioner has not established that the coffee plants in his property were of that species. No steps were taken by the petitioner to issue a Commission to C.R.P.NO.344 OF 2004 :: 2 :: ascertain the variety of coffee. Therefore, the court below held that Ext.A1 price list cannot be relied on. However, it was found that the amount fixed by the Board is very low. Taking into account the price fixed in other connected cases, the court below has fixed the value at Rs.40/- per kg. It cannot be said that the price of coffee fixed by the court below is incorrect. 3. Relying on the Full Bench decision of this Court in Kumba Amma v. K.S.E.B. (2000 (1) KLT 542 (FB)), the court below had taken 5% return for the purpose of determining the compensation. So also the court below held that the deduction made for the various items of produces, as assessed by the Board, was not proper and the deduction was substantially reduced. Thus the court below held that the petitioner is entitled to an additional compensation of Rs.1,98,100/- with interest at 9% per annum. I do not think that the court below has committed any error in fixing the compensation to be paid to the petitioner. The Civil Revision Petition lacks merit and it is accordingly dismissed. No order as to costs. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 344 OF 2004 O R D E R 14th February, 2008 -------------------------------------------