IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 557 of 2008()
1. KSEB
... Petitioner
Vs
1. SOBHANAMMA
... Respondent
For Petitioner :SRI. ASOK M.CHERIYAN, SC, KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/07/2008
O R D E R
M.Sasidharan Nambiar,J.
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C.R.P No.557 of 2008
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Dated this the 25th day of July, 2008
O R D E R
Kerala State Electricity Board has filed this
revision petition challenging the enhanced
compensation granted to respondent in O.P.(Ele)
No.85 of 2005. Aroor-Kalamassery 110 KV high
tension line was drawn over the property of
respondent. As one coconut tree was standing in
the lane which had to be cut, a compensation of
Rs.1238/- was awarded. It was received by
respondent under protest. Subsequently he filed a
petition before District Court, Alappuzha as
provided under section 16 of Indian Telegraph Act
read with Section 51 of Indian Electricity Act.
Learned District Judge on the evidence granted an
enhanced compensation of Rs.944/- for the coconut
tree cut. District Court finding that the value of
the property has been diminished by drawing of line
and assessing the land value of Rs.20,000/- and
C.R.P.557/2008 2
computing the diminution of land value at 30% a
compensation of Rs.12000/- was awarded. Petitioner
was directed to pay the enhanced compensation of
Rs.12944/- with 6% interest. This petition is
filed challenging the same.
2. Learned counsel appearing for petitioner
was heard.
3. Learned counsel argued that only one
coconut tree was cut and the compensation granted
is excessive and there is no basis for fixing land
value at Rs.20,000/-. On going through the award
passed by learned District Judge, it is clear that
2 cents of the respondent’s property has been
adversely effected by the drawing of the line.
Hence definitely there will be a diminution of 30%
of the land value to that extent of 2 cents. It is
on that basis compensation of 12000/- was granted
for diminution of land value. I do not find any
illegality or irregularity in the award.
Civil Revision Petition is dismissed.
M.Sasidharan Nambiar
Judge
C.R.P.557/2008 3
tpl/-
M.SASIDHARAN NAMBIAR, J.
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CRL.R.P.NO. /08
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ORDER
MARCH,2008