IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 CRP.No. 178 of 2008() --------------------------------- O.P.(ELE)NO.95/2002 OF ADDITIONAL DISTRICT COURT, KOTTAYAM ---------------------- REVN. PETITIONER(S): RESPONDENT -------------------------------------------------------- KERALA STATE ELCTRICITY BOARD, REPRESENTED BY SECRETARY, KERALA STATE ELCTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------------------------------- M.V.CHERIYAN, S/O.M.V.VARKEY, 68 YEARS, MOOLEPEEDIKEYIL HOUSE, KANAM P.O. KANGAZHA VILLAGE, KOTTAYAM. BY ADV. SRI.JAMES KURIAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- C.R.P. No.178 of 2008 -------------------------------------- Dated this the 09th day of December, 2011. ORDER This civil revision is in challenge of order dated 07.10.2003 in O.P.(Ele.) 95 of 2002 of the court of learned Additional District Judge, Kottayam. For tree cutting due to the drawal of 11 KV line petitioner/Kerala State Electricity Board awarded `19,199/- as compensation with which respondent was not satisfied. He filed the above petition before learned Additional District Judge for enhanced compensation. Learned Additional District Judge accepting the details of trees cut, yield and other matters furnished by petitioner awarded `18,205/- as enhanced compensation for value of improvements taking 5% as annuity instead of 10%. `6,000/- was awarded as compensation for delayed payment and `3,000/- was awarded as compensation for diminished land value. 2. No doubt, fixation of compensation must be based on sufficient datas. But some sort of arbitrariness cannot be ruled out. It is seen that various improvements were cut and removed from the property of respondent. Several yielding and non-yielding rubber trees and miscellaneous trees are involved. I must bear in mind that compensation awarded by petitioner is only `19,199/-. I have stated the break up figure of compensation awarded by the learned Additional District Judge. I am not inclined to think that compensation CRP No.178/2008 2 awarded is excessive to call for interference in revision. Civil revision is dismissed. I.A.No.515 of 2008 will stand dismissed. THOMAS P.JOSEPH, Judge. cks