IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 247 of 2007()
1. THE KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. MR.SHIBU, S/O.SIMON, THACHETH,
... Respondent
For Petitioner :SRI.K.S.ANIL, SC, KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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C.R.P.No.247 of 2007
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Dated this the 8th July, 2008.
O R D E R
Kerala State Electricity Board is challenging the award
passed by Additional District Court, Ernakulam, enhancing the
compensation payable to the respondent, in Ele.O.P. No.222 of 2002,
on account of drawing of 11 KV Piravom feeder electric line, through
his property. A compensation of Rs.5,978/= was paid, being the value
of seven yielding rubber trees cut from the property consisting of an
extent of 20 cents. Dissatisfied with the compensation, respondent
filed the petition for enhanced compensation. As per order dated,
29.1.2005, learned District Judge fixed the total compensation at
Rs.13,188/=, viz., Rs.12,188/=, being the enhanced compensation
granted for seven rubber trees cut and removed, and Rs.1000/= for
diminution of land value, deducting Rs.5,978/= originally paid, the
Board was directed to pay enhanced compensation of Rs.7,210/= with
interest at the rate of 9% per annum. The Board is challenging the
award in this revision petition contending that there is no basis for the
CRP.247/2007
2
enhanced compensation granted.
On hearing the learned counsel, I do not find any
illegality or irregularity warranting interference. It is an admitted case
that while drawing 11 KV line through the property of the respondent,
seven rubber trees had to be cut and removed. It cannot be disputed
that there would be a diminution of land value to the limited extent,
as respondent would be prevented from effecting improvements or
structures beneath the line. Still learned District Judge has only
granted a nominal compensation of Rs.1000/= for diminution of land
value. Even if it is taken that Rs.6210/= awarded as enhanced
compensation for seven rubber trees is excess, considering the fact
that diminution of land value awarded is only Rs.1000/=, I do not find
any reason to interfere with the impugned order, as total
compensation granted is only Rs.7210/=. Revision petition is
dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.