IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1779 of 2001()
1. ELSAMMA
... Petitioner
Vs
1. K.S.E.B.
... Respondent
For Petitioner :SMT.VALSAMMA KURIAN JOSE
For Respondent :SRI.C.K.KARUNAKARAN, SC FOR KSEB
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/06/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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C.R.P.NO.1779 OF 2001
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Dated this the 12th day of June, 2008
O R D E R
Raman,J.
Petitioners are land owners. For the purpose of drawing 11 KV
line to Kommady along with the western side of NH 47 Alleppey by-
pass, certain trees standing in the property of the petitioners were cut
and removed. An amount of Rs.1983/- was awarded as compensation.
Dissatisfied with the same, the petitioners preferred E.O.P.No.107/95
before the District Court. The claim of the petitioners before the court
below was that they are entitled to Rs.7,000/- for two yielding coconut
trees and for the two non-yielding coconut trees they spent Rs.800/- to
remove and re-plant the same to the non-affected areas. They claimed
Rs.1,200/- to the cashew trees, Rs.1,000/- to the jack tree, Rs.800/- to
the perumaram, Rs.800/- to 16 bamboos and Rs.500/- to the Oothi and
Mango trees. In addition to the above claims they also claimed
Rs.48,000/- towards diminution in land value for four cents of land
affected totalling of which comes to Rs.60,000/-. The learned District
Judge framed necessary issues for consideration. Exts.A1 and A2
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were marked on the side of the petitioners. Commission report was
marked as Ext.C1. The 3rd petitioner was examined as PW-1 on the side
of the petitioners. The court below, after appreciation of the evidence on
record, held that the particulars in the D.V.S. can be relied upon and the
annuity has to be calculated based on the 5% return as per the earlier
decision of this Court. It was also found based on the valuation made in
the adjacent property that the prevalent land value will be Rs.9,000/- per
cent. An extent of 2.47 cents has been injuriously affected. Actually, 11
KV line is drawn through the road on the side of the property and the
contention that the land value has been considerably affected was not
upheld. The diminution in land value was fixed by the court below at the
rate of 30% based on the evidence adduced. We do not find that the
above fixation is in any way arbitrary. The court below has awarded an
amount of Rs.8,652/- as additional compensation with 12% interest per
annum from the date of cutting of the trees. It is now settled that the
compensation is awardable on the date of cutting of trees. Thus all the
aspects were considered by the court below in the matter of fixation of
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compensation.
In the result, we find no merit in this revision. The revision is
accordingly dismissed.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.
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C.R.P.No.1779/2001