IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 473 of 2007()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. SRI. T.J.JOSEPH, THAZHUPRAMBIL,
... Respondent
For Petitioner :SRI.C.K.KARUNAKARAN, SC FOR KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :15/03/2010
O R D E R
S.S.SATHEESACHANDRAN, J
-------------------------------------
C.R.P No.473 OF 2007
--------------------------------
Dated this the 15th day of March 2010
ORDER
Kerala State Electricity Board hereinafter referred to as
the Board has filed this revision challenging the order passed by
the Additional District Judge (Adhoc-II), Ernakulam in O.P(Ele.)
No.216 of 2003 awarding enhanced compensation to the
respondent hereinafter referred to as the claimant towards the
loss and injury suffered by him for the drawing of electric line
through his property. The Board had awarded a sum of Rs.7,521/-
towards the damages sustained by the claimant by cutting down
of trees from his property for drawing the lines. Dissatisfied with
the compensation fixed and awarded, the claimant preferred the
above O.P seeking enhanced compensation. The District Judge
reevaluating the compensation payable awarded a sum of
Rs.10,731/- as enhanced compensation. Propriety and
correctness of the compensation so awarded is challenged in the
revision.
2. Revision was filed with a petition to condone delay
of 344 days. Notice on the delay petition has not been effected so
far on the claimant. Having regard to the fact that the revision
has been filed as early in 2007, merit of the revision against the
C.R.P No.473 OF 2007 Page numbers
impugned order whether further opportunity should be provided
to the Board to take out notice on the claimant was considered.
3. I heard the learned counsel for the Board. The only
grievance canvassed is that compensation paid towards the
diminution of land value by the court below was without any data.
It is seen from the impugned order a sum of Rs.10,731/- alone
was awarded as the enhanced compensation over and above the
sum awarded by the Board. The Board had admittedly adopted
annuity return of 10% in fixing the compensation payable for the
trees cut down. The court below adopting the annuity return of
5% following the guidelines given in “K.S.E.B v Kumba Amma”
(2000(1) KLT 542) refixed the compensation and found a sum
of Rs.5,731/- is due to the claimant as enhanced compensation.
Practically there is no dispute with respect to the compensation
awarded on that ground. As already indicated, the challenge is
against the awarding of compensation of Rs.5,000/- towards
injurious affection of the land on account of the drawing of the
line. It is seen that the trees were cut down from the property of
the claimant for the purpose of drawing 110KV electric line.
Having regard to the number of trees cut down and also that for
the drawing of 110KV line, not only the area underneath but
sufficient area on both sides which is often called as clearing area
C.R.P No.473 OF 2007 Page numbers
has to be provided to avoid any mishap and to ensure free flow of
energy. I find, a sum of Rs.5,000/- fixed by the court below
towards the diminution of land value to the claimant in the
present case is not at all excessive and unreasonable. There is no
jurisdictional infirmity in the awarding of Rs.5,000/- towards
diminution of land value to the claimant by the court below.
Revision lacks merit, and it is dismissed.
Sd/-
S.S.SATHEESACHANDRAN
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv