IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 CRP.No. 303 of 2008() --------------------- OP(ELE) 106/2003 of ADDL.DISTRICT COURT, ALAPPUZHA. .................... REVISION PETITIONER(S): RESPONDENT: --------------------------------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REPRENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD,THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIAN, SC, KSEB RESPONDENT(S): PETITIONERS: -------------------------------------------------- 1. PRASOBHITHAN C.K., S/O.C.K.KUNJAPPAN, CHATHURAPARAMBIL, VANDANAM, ALAPPUZHA. 2. T.S.MADHUBALA,W/O.PRASOBHITHAN , CHATHURAPARAMBIL, VANDANAM, ALAPPUZHA. R1 & R2 BY ADVS. SRI.JOHN BRITTO, SRI.C.A.RAJEEV. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.849/2008 IN CRP.NO.303/2008 DISMISSED 05/04/2011 SD/- N.K.BALAKRISHNAN, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- C.R.P.No.303 of 2008 ---------------------------------------------------- Dated this the 5th day of April, 2011 Order The Kerala State Electricity Board is the revision petitioner. For the trees cut and removed from the properties held by the claimants, a sum of Rs.35,719/- was awarded as compensation by the awarding officer. Aggrieved by the inadequate compensation, the claimants filed petition before the District Court, Alappuzha. It was contended that 69 trees were cut and removed and that the compensation awarded was totally inadequate. It was also contended that 19.5 cents of land was rendered useless by the drawal of the line. 2. The claim was resisted by the Board contending that just and reasonable compensation was awarded by the awarding officer and the claimants are not entitled to get enhanced compensation. Before the court below, a commission was taken out. Exts.A1 and A2 were also marked. Relying upon the Commissioner's report, the court below found that 6 cents of land was actually affected by the drawal of the line. Relying on the commission report and other factors, the court below fixed the centage value at Rs.15,000/-. It was further found that the CRP 303/08 2 diminution in land value would be 30%. Thus, calculated on that basis, the compensation for diminution in land value was assessed at Rs.27,000/-. 3. The court below also found that the claimants were entitled to get 5% return in respect of the yielding trees and thus assessed the compensation for the trees cut and removed at Rs.35,719/-. 4. Learned counsel for the revision petitioner submits that the compensation was redetermined by the court below for the trees cut and removed without any basis. It is also submitted that the trunks of the trees were taken away by the claimants and so the claimants are not entitled to get further compensation on account of the trees cut and removed. It is contended that the land value assessed by the court below to determine the diminution in land value is also unscientific. The argument advanced by the counsel for the revision petitioner is resisted by the learned counsel for the claimants-respondents contending that 69 trees were completely cut and removed and the entire property measuring 19.5 cents has been rendered useless and as such much more compensation could have been awarded by the court below, but the claimants did not file revision for CRP 303/08 3 enhancement. It is further submitted that 4 coconut trees, 2 cashew trees, 7 arecanut trees, 9 mango trees and 3 teak trees were cut and removed and as such the compensation of Rs.35719/- determined by the court below is not unreasonable or excessive. Considering the number of trees cut and removed, I find that the compensation on that account awarded by the court below is just and reasonable. 5. Regarding the compensation for diminution in land value assessed by the court below, it is seen that only an extent of 6 cents was computed by the court below as the land actually affected by the drawing of line. The land value was taken as Rs.15,000/- and calculating the diminution at 30%, the compensation on that account was assessed at Rs.27,000/-. This calculation is also found to be just and reasonable. Thus, I find that the enhanced compensation awarded by the court below is just and reasonable and the same does not require any interference at the hands of this court. The revision fails and the same is dismissed. N.K.BALAKRISHNAN, JUDGE. srd CRP 303/08 4 CRP 303/08 5