IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 485 of 2008()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. J.RAJAMMA, W/O SOMADETHAN PILLAI,
... Respondent
For Petitioner :SRI. ASOK M.CHERIYAN, SC, KSEB
For Respondent :J.RAJAMMA (PARTY)
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/02/2010
O R D E R
S.S.SATHEESACHANDRAN, J
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C.R.P No.485 OF 2008
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Dated this the 22nd day of February 2010
ORDER
Revision is directed against the order awarding
enhanced compensation to the claimant in O.P(Ele.) No.118 of
2003 towards the loss and injury suffered by the drawing of
overhead lines through her property by the K.S.E.B, hereinafter
referred to a the Board. The Board, for the purpose of drawing
Punnapra-Edathua 110 KV line, cut and removed some trees from
the property of the claimant/respondent, and towards
compensation thereof, a sum of Rs.11,820/- was fixed and paid.
Dissatisfied with the quantum of compensation, the claimant
preferred the O.P seeking enhanced compensation. The Board
resisted that application contending that reasonable
compensation has already been paid. In the enquiry, no oral
evidence was adduced. An advocate commissioner deputed by
the court, after conducting a local inspection filed a report. After
examining the materials produced and hearing the counsel, the
court below awarded a sum of Rs.761/- as enhanced
compensation towards the yielding pepper-vines cut and removed
from the property of the claimant. The amount awarded as
compensation is meagre and no interference thereof is warranted.
C.R.P No.485 OF 2008 Page numbers
Over and above, the above sum fixed as enhanced compensation
towards the pepper-vines cut and removed, the court below on
the basis of the commission report found that 8 cents out of the
22.20 cents of the property of the claimant through which the
lines were drawn had been injuriously affected and that area
suffered diminution of land value. Fixing the centage value of the
property at Rs.10,000/-, the court below has determined the
diminution of land value at 30%. Though the learned counsel for
the Board contended that the value fixed and the percentage of
injurious affection determined are excessive, I find, no
interference thereof is warranted. Commissioner has reported the
advantages and disadvantages of the property, and taking note of
the relevant factors applicable, the learned District Judge has
fixed the centage value and also determined the percentage of
diminution of land value. Some arbitrariness in fixation of land
value and also percentage of diminution in such cases is
inescapable. Interference with such fixation is called for only
where it is shown that the value fixed is totally unreasonable and
not based on any material. Compensation awarded towards
diminution of land value after holding that 8 cents in the property
of the claimant had been affected to the extent of 30% is only
Rs.24,000/-. The total amount of enhanced compensation
awarded by the court below is Rs.24,761/- which was directed to
C.R.P No.485 OF 2008 Page numbers
be paid with 6% interest per annum from the date of cutting of
trees till realisation. There is nothing to indicate that the
compensation so awarded is unreasonable, but, on the contrary, it
is shown to be just and adequate. Revision lacks merit, and it is
dismissed.
Sd/-
S.S.SATHEESACHANDRAN
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv