IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 CRP.No. 2369 of 2000(G) ---------------------------------- OP.211/1998 of ADDL. DISTRICT COURT, THALASSERY .................... REVN. PETITIONER/RESPONDENTS: --------------------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS/PETITIONERS: -------------------------------------------- *1. V.V. KUNJI RAMAN NAIR, S/O.RAMAN, AGED 71 YEARS, VATAKKANMAR VEEDU, MAYYIL P.O., CHERUPAZHASSI, KANNUR DISTRICT. (* DIED) * ADDL. RESPONDENTS 2 TO 6 IMPLEADED ADDL. R2: SMT.PULUKKOOL SREEDEVI, W/O.LATE KUNJIRAMAN NAIR, VATAKKANMAR VEEDU, MAYYIL P.O., CHERUPAZHASSI (VIA), KOLASSERI, KANNUR DIST. ADDL. R3: SRI.KUNHIKANNAN P., S/O.LATE KUNJIRAMAN NAIR, VATAKKANMAR VEEDU, MAYYIL P.O., CHERUPAZHASSI (VIA), KOLASSERI, KANNUR DIST. ADDL. R4: SMT.PADMINI P., D/O.LATE KUNJIRAMAN NAIR, VATAKKANMAR VEEDU, MAYYIL P.O., CHERUPAZHASSI (VIA), KOLASSERI, KANNUR DIST. ADDL. R5: SRI.RAMACHANDRAN P., S/O.LATE KUNJIRAMAN NAIR, VATAKKANMAR VEEDU, MAYYIL P.O., CHERUPAZHASSI (VIA), KOLASSERI, KANNUR DIST. ADDL. R6: SRI.PRABHAKARAN P., S/O. LATE KUNJIRAMAN NAIR * THE ABOVE PERSONS BEING THE LEGAL HEIR OF THE DECEASED RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 2 TO 6 IN THE CRP.2369/2000, VIDE ORDER DATED 04/06/2009 IN I.A. NO.722/2008. BY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON 18/06/2009 PASSED THE FOLLOWING: CRP.No. 2369 of 2000(G) ORDER ON C.M.P. NO.4786/2000 IN C.R.P. NO.2369/2000 DISMISSED 15/06/2009. SD/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.2369 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 18th June, 2009 ORDER The revision is directed against the order dated 23.3.2000 in O.P.No.211/98 on the file of the Additional District Court, Thalassery. The above O.P. was filed under Section 16(3) of the Indian Telegraphs Act and Section 51 of the Indian Electricity Act by the respondent seeking enhancement of the compensation for the trees cut and removed and injurious affectation to his property by the drawing of an electric line over that property by the petitioner, a statutory authority. That petition was tried along with some other petitions of similar nature and by a common order enhancement of compensation was awarded to the claimants in all the petitions. The respondents in the petition was awarded enhanced compensation of Rs.29,307/- with interest at the rate of 12% per annum on Rs.17,656/- from the date of the order with cost of proceedings. The enhancement of compensation so awarded is excessive and unreasonable is the challenge raised by the petitioner to impeach the order passed by the court below. 2. I heard the learned counsel for the petitioner and also perused the order impugned in the revision. The learned District CRP No.2369/00 - 2 - Judge has adverted to the legal principles in assessing the compensation payable to the claimants in accordance with the settled legal principles and also on the basis of the evidence tendered in the proceedings. A report of the commissioner as to the area affected by the drawing of the electric line through the properties of the claimants has been obtained by the court. It is seen from the impugned order that 36¼ cents of property of the respondents suffered from injurious affectation on account of the drawing of line on that property. Though the Commissioner has suggested the land value of Rs.20,000/- per cent with reference to the data collected by him at the time of local inspection, the learned District Judge after taking note of all relevant factors fixed a reasonable valuation of only Rs.2,000/- per cent and then a sum of Rs.400/- per cent was fixed as compensation towards diminution in value and utility of the lands of the claimants. The assessment so made by the learned District Judge by no stretch of imagination can be considered as excessive. No circumstances whatsoever has been brought to my notice to hold that the value of Rs.400/- per cent fixed towards diminution in land value on account of drawing of line suffers from any infirmity. Further more, it is seen that the enhanced compensation awarded with CRP No.2369/00 - 3 - reference to the diminution of land value and also valuation of the annuity with reference to the trees cut and removed in accordance with the settled guidelines was fixed on the basis of a calculation statement over which no objection was raised by the respondent in the proceedings, the petitioner herein. Sum awarded as enhanced compensation to the claimants in the O.P., respondents in the present revision is shown to be fair and reasonable and there is no ground to interfere with the awards so made by the court below on the materials produced in the case. The revision is devoid of any merit, and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE