IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 410 of 2008()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. SANTHAMMA, W/O.THANKAPPAN PILLAI,
... Respondent
For Petitioner :SRI. ASOK M.CHERIYAN, SC, KSEB
For Respondent :DR.V.N.SANKARJEE
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
CRP.No. 410 OF 2008
............................................
DATED THIS THE 29TH DAY OF AUGUST, 2008
ORDER
Kerala State Electricity Board is challenging the award
passed by Additional District Court, Alappuzha in O.P(ele) 71 of
2005 for drawing Kalamassery-Aroor 110 KV line through the
property of respondent in Survey No.412/1A of Aroor Village. A
compensation of Rs.547/- was awarded being the value of one
coconut tree which was cut and removed. Compensation was
received under protest. Respondent filed the petition before
District Court for enhanced compensation contending that there
is diminution in the land value for which no compensation was
awarded. Learned District Judge, based on the evidence of
Ext.A1 and B1 granted an enhanced compensation of Rs.12,138/-
finding that there will be diminution of land value to the extent
of 30% in respect of two cents of the property through which the
line has been drawn. The award is challenged in this petition
filed under Section 115 of Code of Civil Procedure.
2. Learned counsel appearing for petitioner and
respondent were heard.
3. The argument of the learned counsel appearing for
CRP 410/2008 2
petitioner is that learned District Judge awarded compensation
based on the decision in Kumbhamma V. KSEB (2000(1) KLT
542)which was subsequently modified by Apex Court in Lavisha
V. K.S.E.B(2007(3) KLT 1). But based on Kumbhamma’s case,
only a compensation of Rs.12,138/- was granted. I do not find it
necessary to interfere with the said enhanced compensation.
4. With regard to diminution of land value, learned
District Judge found that in Ext.A1 order of CRP 1271 of 2003,
for the neighbouring property, market value of Rs.30,000/- was
fixed. Learned District Judge has fixed the land value at
Rs.20,000/- and finding that there is diminution of land value to
the extent of 30%, granted enhancement of Rs.12,000/-. I do not
find any illegality or irregularity, warranting interference.
Petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-