High Court Kerala High Court

Kerala State Electricity Board vs Skaria on 25 March, 2010

Kerala High Court
Kerala State Electricity Board vs Skaria on 25 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 809 of 2005()


1. KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. SKARIA, S/O. CHACKO,
                       ...       Respondent

                For Petitioner  :SRI.N.N.SUGUNAPALAN(SR.)SC,KSEB

                For Respondent  :SRI.J.MATHAPPAN

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :25/03/2010

 O R D E R
                         P. BHAVADASAN, J.
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                 C.R.P. Nos. 809 & 1111 of 2005
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            Dated this the 25th day of March, 2010.

                                   ORDER

Both the claimant and the respondent before

the court below have come up in revision against the

order of the IInd Additional District Court, Ernakulam in

O.P. Electricity 273 of 1996.

2. In the revision petition filed by the claimant,

ie., C.R.P. 1111 of 2005, the grievance is that the

compensation granted is inadequate. While the

grievance in the other revision petition by the

respondent is that the compensation is on the high side.

3. The respondent before the court below

utilized the property of the petitioner for drawing a 220

KV line. For that purpose, Electricity Board cut and

removed several trees standing in the property of the

claimant. The Board awarded a total compensation of

CRP809 & 1111/2005. 2

Rs.47,816/-. Feeling that the amount granted was

inadequate and insufficient, the claimant approached the

District Court. The District Court on an appreciation of the

evidence before it granted an additional compensation of

Rs.2,75,879/-.

4. According to the respondent Board this is on

the high side. The claimant is not entitled to such an

enhanced amount.

5. On going through the order of the lower court,

the court below has taken into consideration all aspects and

based its conclusion on the evidence adduced before the

said court. It is in accordance with the data available before

it that the court below has adopted the principle for

evaluation of the value of the trees cut and removed from

the property.

6. The respondent Board who has challenged the

enhanced compensation pointed out that the decision relied

on by the court below is not good law. But one has to notice

CRP809 & 1111/2005. 3

that no compensation for diminution in land value has been

granted by the court below, for which the claimant is entitled

to. It is well settled that he is entitled to a reasonable sum

as compensation for diminution in land value. Since it is not

granted, it cannot be said that the compensation awarded

for the trees cut and removed is on the high side.

Considering the number of trees cut and removed, a large

extent of the property must have been affected. No reason

is given for declining the relief of compensation for

diminution in land value. Moreover the lower court has

taken the data given by the Board itself and only a higher

yield is taken. There is nothing to show that the court below

has erred in any manner in arriving at the enhanced

compensation is nor is it in any way vitiated. The

compensation now granted is just and reasonable because a

high value is given under one head when the claimant is

deprived of compensation for another item, which he is

entitled to. The order of the court below does not call for

CRP809 & 1111/2005. 4

interference. Both the revisions are devoid of merits and

they are accordingly dismissed.

P. BHAVADASAN,
JUDGE

sb.