IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 CRP.No. 2649 of 2001(A) ----------------------- REVN. PETITIONER/RESDENT: ---------------------------------- K.S.E.BOARD, REP. BY ITS CHAIRMAN, VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM-4. BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB RESPONDENT/PETITIONER: ------------------------------ RAYAROTH BHARGAVI AMMA, W/0. BHASKARAN NAMBIAR, MAYYIL P.O. KANNUR DISTRICT. BY ADV. SRI.SARVOTHAMAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHEED, J. ----------------------------------------------- C.R.P. No.2649 OF 2001 ----------------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T The revision petition is filed by the respondent namely Kerala State Electricity Board challenging the order dated 15-1-2001 in electricity O.P.No.54/99 on the file of the Additional District Judge, Thalassery. 2.For the purpose of drawing 220 KV high tension electric line from Kannur to Kasargode, revision petitioner Board cut and removed trees belonging to the respondent herein. The compensation fixed by the board at Rs.17,385/- was modified by the Court below and refixed at Rs.36,766/- together with 8% interest per annum on Rs.21,610/- from the date of judgment till payment with cost. The board is aggrieved by the re fixation of compensation as stated above. 3.The owners of the property claimed enhancement of the compensation in respect of the fruit bearing trees applying the principle laid down in the decision reported in Kumba Amma v. C.R.P.NO.2649/2001 2 KSEB 2000(1) KLT 542 and the Court applied the annuity at 5%. In fixing the compensation payable to the land owner the Court below held that the petitioners therein are entitled to get the timber value as shown in the column No.20 of the valuation statement. Regarding the claim of compensation for the diminution in value and utility of the land due to drawing of the high tension wire over the properties, the Court held the 20% of the market value can be taken as diminution in land value and utility of the property. The Court below also considered the market value of the property as on the date of cutting of the improvements. Though the property owners claimed that the market value of the property at the time of cutting is Rs.15,000/- per cent, the same was not accepted, finding that there is absolutely no acceptable evidence to substantiate the claim. In the absence of any evidence, the Court below fixed a nominal amount of Rs.1,000/- per cent as the market value. On the basis of the fixation of market value, the Court below fixed Rs.200/- per cent as diminution in land value and utility of the land. The Court below granted enhancement of compensation with 8% interest per annum. From the facts stated above, I am of the view that the fixation of compensation and the C.R.P.NO.2649/2001 3 rate of interest awarded is most reasonable and just. I find no reason to interfere with the award passed by the Court below. The Civil Revision Petition is without merit and it is accordingly dismissed. There will be no order as to costs. HARUN-UL-RASHEED, Judge bps/11-07-2008