IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 CRP.No. 485 of 2008() ------------------------------- OPELE.118/2003 of ADDL.DISTRICT COURT,ALAPPUZHA. .................... REVN. PETITIONER(S): RESPONDENT ------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV.MR . ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PETITIONER ------------------------- J.RAJAMMA, W/O SOMADETHAN PILLAI, ULLADON PARAMBIL, PUNNAPRA, ALAPPUZHA. SMT. J.RAJAMMA (PARTY) THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J ------------------------------------- C.R.P No.485 OF 2008 -------------------------------- Dated this the 22nd day of February 2010 ORDER Revision is directed against the order awarding enhanced compensation to the claimant in O.P(Ele.) No.118 of 2003 towards the loss and injury suffered by the drawing of overhead lines through her property by the K.S.E.B, hereinafter referred to a the Board. The Board, for the purpose of drawing Punnapra-Edathua 110 KV line, cut and removed some trees from the property of the claimant/respondent, and towards compensation thereof, a sum of Rs.11,820/- was fixed and paid. Dissatisfied with the quantum of compensation, the claimant preferred the O.P seeking enhanced compensation. The Board resisted that application contending that reasonable compensation has already been paid. In the enquiry, no oral evidence was adduced. An advocate commissioner deputed by the court, after conducting a local inspection filed a report. After examining the materials produced and hearing the counsel, the court below awarded a sum of Rs.761/- as enhanced compensation towards the yielding pepper-vines cut and removed from the property of the claimant. The amount awarded as compensation is meagre and no interference thereof is warranted. C.R.P No.485 OF 2008 Page numbers Over and above, the above sum fixed as enhanced compensation towards the pepper-vines cut and removed, the court below on the basis of the commission report found that 8 cents out of the 22.20 cents of the property of the claimant through which the lines were drawn had been injuriously affected and that area suffered diminution of land value. Fixing the centage value of the property at Rs.10,000/-, the court below has determined the diminution of land value at 30%. Though the learned counsel for the Board contended that the value fixed and the percentage of injurious affection determined are excessive, I find, no interference thereof is warranted. Commissioner has reported the advantages and disadvantages of the property, and taking note of the relevant factors applicable, the learned District Judge has fixed the centage value and also determined the percentage of diminution of land value. Some arbitrariness in fixation of land value and also percentage of diminution in such cases is inescapable. Interference with such fixation is called for only where it is shown that the value fixed is totally unreasonable and not based on any material. Compensation awarded towards diminution of land value after holding that 8 cents in the property of the claimant had been affected to the extent of 30% is only Rs.24,000/-. The total amount of enhanced compensation awarded by the court below is Rs.24,761/- which was directed to C.R.P No.485 OF 2008 Page numbers be paid with 6% interest per annum from the date of cutting of trees till realisation. There is nothing to indicate that the compensation so awarded is unreasonable, but, on the contrary, it is shown to be just and adequate. Revision lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN JUDGE //TRUE COPY// P.A TO JUDGE vdv