High Court Kerala High Court

Kerala State Electricity Board vs Jagadamma Pillai on 6 September, 2010

Kerala High Court
Kerala State Electricity Board vs Jagadamma Pillai on 6 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 243 of 2010()


1. KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner
2. THE ASST. EXECUTIVE ENGINEER,

                        Vs



1. JAGADAMMA PILLAI, AGED 84 YEARS,
                       ...       Respondent

2. THE SPECIAL TAHSILDAR,

                For Petitioner  :SRI. ASOK M.CHERIYAN, SC, KSEB

                For Respondent  :SRI.D.AJITHKUMAR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :06/09/2010

 O R D E R
                        THOMAS P JOSEPH,J.
                     ---------------------------------------
                         C.R.P.NO. 243 OF 2010
                    ------------------------------------------
             Dated this the 6th day of September, 2010.


                                ORDER

This revision is in challenge of order passed by learned Addl. District

Judge, Thiruvananthapuram in O.P.(Ele.) No.310/2004 awarding

enhanced compensation to respondent No.1. It is not disputed that

yielding and non yielding improvements were removed from the

property of respondent No.1 for drawal of 110 KV line. Petitioner

awarded Rs.47,373/- as compensation which according to

respondent No.1 was megre and accordingly he filed petition against

petitioners and respondents No.2. Learned Addition District Judge

awarded Rs.1,34,500/- by way of additional compensation with

interest but, without specifying the rate of interest. Learned counsel

for petitioners contends that amount awarded is excessive and

without any basis. No commission was taken out for assessment of

C.R.P.NO. 243 OF 2010 2

the compensation.

2. Learned Additional District Judge has awarded

compensation on to heads-additional compensation for value of

improvements and compensation for diminished land value. So far

as additional compensation awarded for value of improvements is

concerned, it is no disputed that apart from a few Anjili trees, 122

rubber plants were removed of which 57 were yielding rubber plants

in the age group of 8-9 years and the remaining 55, non yielding, in

the age group of 5 years. Learned Additional District Judge found

that in respect of the yielding rubber plants an enhancement of

Rs.1,000/- per plant and in respect of the non yielding rubber plants,

enhancement of Rs.500/- per plant is reasonable. It is true that,

respondent No.1 did not take out a commission to assess the

compensation. But, learned Addl. District Judge has referred to

C.R.P.NO. 243 OF 2010 3

Ext.A2, mahazar prepared by the petitioner and based on that,

assessed compensation. Though learned counsel for petitioner

argued that additional compensation awarded is excessive, I find

myself unable to assent to that argument. In considering whether,

compensation awarded is excessive, possible yield the trees would

have given in future has to be taken into account. The yielding

rubber plants which were in the age group of 8-9 years it would have

normally given yield for another 12 years. The non yielding rubber

plants, aged 5 years would have started giving yield within another 3

or 4 years and continued to give yield for about 12 years.

Considering these aspects and also, the normal expenses

respondent No.1 would have incurred to bring up the improvements,

I am not inclined to think that additional compensation awarded by

learned Addl. District Judge is exorbitant so that revisional court is

C.R.P.NO. 243 OF 2010 4

required to interfere.

3. So far as compensation for diminished land value is

concerned, here again no doubt respondent No.1 did not take out a

commission to assess land value or area affected by drawal of

lines. Learned Addl. District judge has taken the area affected by

drawal of the line as 50 cents. The improvements removed are 122

rubber plants, yielding and non yielding and few non yielding Angili

trees. In view of that, assessment of extent of land affected as 50

cents is not unreasonable. So far as the land value is concerned,

respondent No.1 in his evidence as PW1 claimed it as Rs.30,000/-

per cent. True, no document was produced by respondent No.1.

But, considering the area where the land is situated learned Addl.

District Judge has fixed the land value at Rs.5,000/- per cent which

having regard to the normal land value cannot be said to be

C.R.P.NO. 243 OF 2010 5

excessive. The drawal of the high tension line prevented respondent

No.1 from planting permanent crops and constructing buildings

underneath the lines. It follows that utility of the land is affected and

that has diminished the land value. Respondent No.1 is entitled to

get compensation for that. Here, considering the injury to which the

land is put, 20% of the land value has been taken as bar is for fixing

compensation payable for diminished land. Thus, compensation

payable for diminished land value came to Rs.50,000/-(50 x 500 x

20/100). It is not excessive. Thus, additional compensation payable

to respondent No.1 came to Rs.1,34,500/-. Having regard to the

facts and circumstances of this case, which I have stated above the

award calls for for no interference.

4. It is seen from the order under challenge that though

learned Addl. District Judge has found that respondent No.1 is

C.R.P.NO. 243 OF 2010 6

entitled to get interest on the enhanced compensation the rate of

interest has not been stated. Tree cutting was in the year 1995.

Having regard to the facts and circumstances including rate of

interest on fixed deposits prevailing in the meantime, I am inclined to

fix the rate of interest at 6% per annum.

Resultantly, with the direction that respondent No.1 will get

interest at the rate of 6% per annum on the enhanced compensation

from date of cutting till realisation, this revision petition is dismissed.

THOMAS P JOSEPH,JUDGE.

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