IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 157 of 2007()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. SMT.K.T.NARAYANI, W/O. KOTTAN,
... Respondent
For Petitioner :SRI.C.K.KARUNAKARAN, SC FOR KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :16/06/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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C.R.P.NO.157 OF 2007 (D)
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Dated this the 16th day of June, 2009
O R D E R
The revision is directed against the award passed in
O.P.(Ele).No.68/2000 of the District Court, Kasaragod,
granting enhanced compensation to the respondent a sum of
Rs.22,829/- with interest at the rate of 6% per annum till
realisation towards drawing of the Koothunkal-Panamkutty
110 KV line. The petitioner, a statutory authority, cut and
removed some valuable trees from the property of the
respondent, for drawing the line. The claim for enhanced
compensation was 4,72,994/-. Disputing the compensation
assessed and paid as meagre, the respondent filed the above
petition for enhanced compensation. The claim was resisted
by the present petitioner/respondent in that petition,
contending that reasonable and adequate compensation had
been provided towards the loss suffered by the petitioner on
drawing of the line over his property. The dispute in the
CRP.157/07 2
assessment of compensation centered around the rate fixed by
the Board, with respect to agricultural produce viz, fruit
bearing trees, arecanut trees, pepper vine, rubber tree etc.
cultivated in the property of the respondent which had been
cut and removed. The learned District Judge, after taking note
of the price for such agricultural produce during the relevant
time in the gazette notification published by the Government
reassessed the value in terms of such notification. Similarly,
the deductions made by the petitioner from the yield of the
agricultural produce towards natural decay, cultivation
expenses etc. was also found very much on the higher side
warranting modification. The rate of return for assessment of
the compensation has been fixed at 5% in the light of the
decision in Kumbha Amma v. K.S.E.B. (2000 (1) KLT
542). A calculation statement on the basis of the
reassessment made as indicated above was filed by the
petitioner and it was accepted by the respondent namely
KSEB. No circumstance whatsoever has been brought to my
notice to show that the principles adopted by the learned
District Judge in reassessing the value for fixing the
CRP.157/07 3
reasonable compensation were not in accordance with the
settled guidelines and in consonance with equity and justice. I
do not find any scope for interference with the award passed
by the learned District Judge awarding enhanced
compensation of Rs.22,829/- with interest at 6% per annum to
the respondent, petitioner in the original petition. Enhanced
compensation so provided is found to be just and reasonable.
The revision is devoid of any merit, and it is dismissed.
S.S.SATHEESACHANDRAN
JUDGE
prp
S.S.SATHEESACHANDRAN, J.
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CRL.R.P.NO. OF 2006 ()
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O R D E R
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23rd March, 2009