High Court Kerala High Court

The Kerala State Electricity … vs Vasu on 21 October, 2009

Kerala High Court
The Kerala State Electricity … vs Vasu on 21 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 859 of 2005()


1. THE KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. VASU, S/O. KANNAN,
                       ...       Respondent

                For Petitioner  :SRI.K.S.ANIL, SC, KSEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :21/10/2009

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                  -----------------------------------
                      C.R.P.No.859 of 2005
                   ---------------------------------
             Dated this the 21st day of October, 2009

                              O R D E R

Revision is directed against the order dated 31.3.2003 in

O.P.No.217 of 1998 passed by the Additional District Judge,

North Paravur. The above O.P. was filed by the respondent

claiming enhanced compensation for loss and damages caused by

the drawing of the overhead lines through his property situate in

survey No.481/16A of Koovappady Village. The application was

filed under Section 10 and 16 of the Indian Telegraph Act and

Section 51 of the Indian Electricity Act. Petitioner/respondent in

the O.P., Kerala State Electricity Board, hereinafter referred to as

the Board, admittedly, drew overhead lines through the property

of the petitioner having an extent of 1.24 acres for the purpose of

a 110KV line. Towards the cutting and removal of the valuable

trees which included 22 yielding coconut trees, aged 20 years,

the Board assessed and fixed compensation at the rate of

Rs.96,275/- and it was accordingly awarded to the respondent.

Impeaching the compensation provided as inadequate and

C.R.P.No.859 of 2005

2

unreasonable and seeking enhanced compensation the above

petition was filed. The Board resisted the application contending

that reasonable compensation had been paid to the claimant.

2. In the enquiry on the claim petition no material was

produced by both sides. Learned District Judge taking note that

the Board had assessed and fixed compensation at 10% annuity

in respect of the trees cut and removed, following the guidelines

given in Kumba Amma v. KSEB (2000 (1) KLT 542) refixed the

compensation adopting 5% annuity of return for such trees. On

such reassessment it was found that the claimant was entitled to

enhanced compensation of Rs.80,104.80/-. However, court

allowed such compensation after deducting the sum due as

timber value as it was of the view that the amount thereof has to

be reduced. The view so taken by the court is apparently

erroneous as the claimant is entitled to have timber trees cut and

removed as per the Manual of Tree Cutting Compensation. Since

there is no challenge on the reduction so made by the

respondent/claimant, in the revision filed by the Board,

interference on that count is not called for. Whatever that be,

C.R.P.No.859 of 2005

3

after making such reduction the Board has fixed enhanced

compensation at Rs.72,094/- directing the Board to pay such

compensation with 9% interest from the date of cutting of the

trees till realization. No tenable ground has been brought to my

notice to impeach the correctness of the enhanced compensation

so awarded by the court below on having a reassessment of the

compensation in accordance with the guidelines in the decision

referred to above. I find no impropriety or illegality in the order

passed by the court below in awarding of enhanced

compensation.

Revision lacks merit, and it is dismissed.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-