IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 CRP.No. 1354 of 2004 ---------------------- ELEOP.42/1996 of ADDL.DISTRICT COURT, THRISSUR .................... REVN. PETITIONER: RESPONDENTS: ------------------------------ THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS: PETITIONER: ------------------------ 1. PAILY, S/O. KURIAKOSE, AGED 58, EDAKANCHERY VEEDU, KONDAZHY VILLAGE, TALAPPILLY TALUK, TRICHUR. 2. THE DEPUTY TAHSILDAR (LA) FOR K.S.E.B., ERNAKULAM. R1 BY ADV. SRI.BABU CHERUKARA SRI.BABY P. ANTONY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ===================== C.R.P. NO. 1354 of 2004 ======================== DATED THIS THE 6TH DAY OF MARCH 2008 ORDER This revision petition is filed by the Kerala State Electricity Board challenging the quantum of compensation awarded to the respondent. The Additional District Judge, Thrissur by order dated 27-10-2003 in Electricity O.P.No.42/1996 held that the respondent is entitled to compensation of Rs.46475/0- for the 25 arecanut trees cut and Rs.9600/- towards loss of diminution in land value. The total compensation payable to the respondent is Rs.56,075/- with interest at 6% from the date of cutting trees till realisation. 2. For drawing of the electric line through the property belonging to the petitioner in O.P.(Ele)42/1996, 25 high yielding arecanut trees were cut and removed. The compensation was fixed for the cutting of trees by the authorities, which is a meagre amount at Rs.500/-, i.e. at the rate of Rs.20/- per tree. The compensation fixed is too low and is a paltry sum. The C.R.P. NO. 1354/2004 -2- commissioner in Ext.C1 report stated that Rs.5009.40 is the value of each tree cut and removed and accordingly he fixed Rs.1,47,735/- towards the value of 25 trees. Taking into account the commissioner's report and making deductions under law, the court below held that the compensation payable to each tree is Rs.1866.48 and the total amount will come to Rs.46,475/-. 3. The claimant also requested the court below to fix compensation for the diminution in land value. The commissioner has reported that by drawing of the line, 12 cents of land has been affected. The court below took the view that Rs.4,000/- per cent is a reasonable value for the property and further held that taking into consideration the income that he may acquire by conducting alternate cultivation, the loss of land value can be fixed at 20%. The amount will come to Rs.9600/-. Thus the court below refixed the compensation towards tree value and loss of diminution in land value at Rs.56075/-. Deducting the sum of Rs.500/- awarded, the court below held that the amount payable to the petitioner will be Rs.55,575/- with 6% interest. 4. The view taken by the court below in refixing the compensation on the basis of the commissioner's report, oral C.R.P. NO. 1354/2004 -3- evidence of PWs.1 and 2 and documentary evidence of Exts.B1 to B4 is reasonable, fair and just. Respondents did not adduce any oral evidence nor filed any objection to the commissioner' report. In the result, the civil revision petition is without any merit and it is dismissed. No order as to costs. Sd/- HARUN-UL-RASHID, JUDGE ks. TRUE COPY P.S.TO JUDGE C.R.P. NO. 1354/2004 -4- ks. K.R.UDAYABHANU,J. =================== CRL.A.NO. OF 200 JUDGMENT DATE: ......2006 ===