Kerala State Electricity Board vs A.N.Anila on 18 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 893 of 2006()


1. KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner
2. ASSISTANT EXECUTIVE ENGINEER,

                        Vs



1. A.N.ANILA,
                       ...       Respondent

                For Petitioner  :SRI.C.K.KARUNAKARAN, SC FOR KSEB

                For Respondent  :SRI.V.A.PRADEEP KUMAR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/09/2008

 O R D E R
                          V.RAMKUMAR, J.
                      ====================
                     C.R.P.No.893 of 2006 -A
                  ===========================
           Dated this the 18thday of September, 2008.

                             O R D E R

In this revision filed by the Kerala State Electricity Board,

the Board challenges the order dated 07.04.2005 passed by the

Additional District Judge, North Paravur, awarding enhanced

compensation of Rs.10,422/- for cutting and removal of trees

from the property of the claimant on 16.12.2000, for the purpose

of drawing a 110 KV circuit line.

2. The learned District Judge has arrived at the enhanced

compensation after a careful evaluation of the oral and

documentary evidence produced before the court. The enhanced

compensation reached by the court below cannot be said to be

excessive, having regard to the settled standards. No doubt, the

interest directed to be paid at the rate of 9% per annum is

slightly on the higher side. But, considering the fact that for the

affected area of nearly 4 cents, no diminution in land value has

been awarded, I do not find any good ground to hold that the

fixation of 9% is excessive. However, this shall not be treated as

C.R.P.No.893 of 2006 -A 2

a precedent. The court below will have to award only the

appropriate percentage of interest, having regard to the

precedent in that behalf.

The civil revision petition is accordingly dismissed.

V.RAMKUMAR
JUDGE.

bkn/-