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. 1779 of 2001() ---------------------- O.P.(E.A.)107/1995 of DISTRICT COURT, ALAPPUZHA .................... REVN. PETITIONERS/PETITIONERS ---------------- 1. ELSAMMA KOSHY, D/O.LATLE MARY GEORGE, KATTUNGAL VEEDU, KANJIRAMCHIRA WARD, ARYAD SOUTH VILLAGE. 2. RACHEL GEORGE OF -DO- -DO- 3. MARIYAMMA GEORGE -DO- -DO- 4. MARGETT PHILIPOSE OF -DO- -DO- 5. JOSEPH GEORGE. 6. JAYAKUMAR GEORGE, KATTUNGAL VEEDU, KANJIRAMCHIRA WARD,ARYAD SOUTH VILLAGE. BY ADV. SMT.VALSAMMA KURIAN JOSE RESPONDENTS: ----------- KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETRY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- C.R.P.NO.1779 OF 2001 -------------------------------- Dated this the 12th day of June, 2008 O R D E R Raman,J. Petitioners are land owners. For the purpose of drawing 11 KV line to Kommady along with the western side of NH 47 Alleppey by- pass, certain trees standing in the property of the petitioners were cut and removed. An amount of Rs.1983/- was awarded as compensation. Dissatisfied with the same, the petitioners preferred E.O.P.No.107/95 before the District Court. The claim of the petitioners before the court below was that they are entitled to Rs.7,000/- for two yielding coconut trees and for the two non-yielding coconut trees they spent Rs.800/- to remove and re-plant the same to the non-affected areas. They claimed Rs.1,200/- to the cashew trees, Rs.1,000/- to the jack tree, Rs.800/- to the perumaram, Rs.800/- to 16 bamboos and Rs.500/- to the Oothi and Mango trees. In addition to the above claims they also claimed Rs.48,000/- towards diminution in land value for four cents of land affected totalling of which comes to Rs.60,000/-. The learned District Judge framed necessary issues for consideration. Exts.A1 and A2 -2- C.R.P.No.1779/2001 were marked on the side of the petitioners. Commission report was marked as Ext.C1. The 3rd petitioner was examined as PW-1 on the side of the petitioners. The court below, after appreciation of the evidence on record, held that the particulars in the D.V.S. can be relied upon and the annuity has to be calculated based on the 5% return as per the earlier decision of this Court. It was also found based on the valuation made in the adjacent property that the prevalent land value will be Rs.9,000/- per cent. An extent of 2.47 cents has been injuriously affected. Actually, 11 KV line is drawn through the road on the side of the property and the contention that the land value has been considerably affected was not upheld. The diminution in land value was fixed by the court below at the rate of 30% based on the evidence adduced. We do not find that the above fixation is in any way arbitrary. The court below has awarded an amount of Rs.8,652/- as additional compensation with 12% interest per annum from the date of cutting of the trees. It is now settled that the compensation is awardable on the date of cutting of trees. Thus all the aspects were considered by the court below in the matter of fixation of -3- C.R.P.No.1779/2001 compensation. In the result, we find no merit in this revision. The revision is accordingly dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv. -4- C.R.P.No.1779/2001