IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 2261 of 2002()
1. K.S.E.BOARD, REP.BY SECRETARY,
... Petitioner
Vs
1. K.KATHEESU, AGED 60 YEARS,
... Respondent
2. K.MOOSA, AGED 46 YEARS,
3. KL.SULAIKA, AGED 40 YEARS,
4. K.IBRAHIM, AGED 37 YEARS,
5. K.ABDULLA, AGED 35 YEARS,
For Petitioner :SRI.C.C.THOMAS, SC, K.S.E.B
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/02/2008
O R D E R
K.T. SANKARAN, J.
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C.R.P. No. 2261 OF 2002
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Dated this the 12th February, 2008
O R D E R
For drawing high tension electric line, trees were cut from the property
belonging to the respondent. Compensation was awarded by the Board. Dissatisfied
with the amount of compensation awarded, the respondent filed O.P.(Ele. )No. 574 of
1999 on the file of the Addl. District Judge, Thalassery. The court below disposed of the
Original Petition along with six other connected cases.
2. Though the claimant disputed the age and yield of the fruit bearing trees as
assessed by the Board, the court below was not inclined to accept the contention raised
by the respondent. As regards enhancement of compensation in respect of fruit bearing
trees, the court below relied on the decision of the Full Bench in Kumba Amma vs.
K.S.E.B. {2000 (1) K.L.T. 542 (FB)) and had taken 5% as annual return. The court
below rightly held that the Deputy Chief Engineer was not justified in reducing the value
of the trees curt and removed, as assessed by the Deputy Tahsildar. A direction was
therefore issued to restore the value as assessed by the Deputy Tahsildar .
3. The respondent had claimed compensation on account of diminution of land
value. A 220 K.V. line was drawn through the property of the respondent. The court
below held that 20% of the market value of the land can be taken as basis for fixing
compensation on account of diminution of land value. The respondent claimed
Rs.15,000/- per cent as land value. The Commissioner reported that the land value
would be between Rs.4000/- to Rs.6000/- per cent. The court below fixed the land
value at Rs.1500/- per cent. 20% of the amount of the land value was granted as
C.R.P. No. 2261 OF 2002
2
compensation on account of diminution of land value and thus Rs.300/- per cent was
awarded as compensation for diminution of land value. It cannot be said that the order
passed by the court below is unjust, illegal or arbitrary. The amount of compensation
fixed by the court below is not on the higher side. The court below had relied on the
decision of the Full Bench in Kumba vs. K.S.E.B. [2000(1) K.L.T. 542(FB)]. The legal
principles applied in the case are correct and proper. No interference is called for in this
Revision.
Accordingly, the Civil Revision Petition is dismissed. No order as to costs.
K.T. SANKARAN,
JUDGE.
lk
C.R.P. No. 2261 OF 2002
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K.T. SANKARAN, J.
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C.R.P. No. 2261 OF 2002
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Dated this the 12h February, 2008
O R D E R