High Court Kerala High Court

Kerala State Electricity Board vs Sri. T.J.Joseph on 15 March, 2010

Kerala High Court
Kerala State Electricity Board vs Sri. T.J.Joseph on 15 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 473 of 2007()


1. KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. SRI. T.J.JOSEPH, THAZHUPRAMBIL,
                       ...       Respondent

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

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :15/03/2010

 O R D E R
                   S.S.SATHEESACHANDRAN, J
                    -------------------------------------
                      C.R.P No.473 OF 2007
                      --------------------------------
              Dated this the 15th day of March 2010

                                 ORDER

Kerala State Electricity Board hereinafter referred to as

the Board has filed this revision challenging the order passed by

the Additional District Judge (Adhoc-II), Ernakulam in O.P(Ele.)

No.216 of 2003 awarding enhanced compensation to the

respondent hereinafter referred to as the claimant towards the

loss and injury suffered by him for the drawing of electric line

through his property. The Board had awarded a sum of Rs.7,521/-

towards the damages sustained by the claimant by cutting down

of trees from his property for drawing the lines. Dissatisfied with

the compensation fixed and awarded, the claimant preferred the

above O.P seeking enhanced compensation. The District Judge

reevaluating the compensation payable awarded a sum of

Rs.10,731/- as enhanced compensation. Propriety and

correctness of the compensation so awarded is challenged in the

revision.

2. Revision was filed with a petition to condone delay

of 344 days. Notice on the delay petition has not been effected so

far on the claimant. Having regard to the fact that the revision

has been filed as early in 2007, merit of the revision against the

C.R.P No.473 OF 2007 Page numbers

impugned order whether further opportunity should be provided

to the Board to take out notice on the claimant was considered.

3. I heard the learned counsel for the Board. The only

grievance canvassed is that compensation paid towards the

diminution of land value by the court below was without any data.

It is seen from the impugned order a sum of Rs.10,731/- alone

was awarded as the enhanced compensation over and above the

sum awarded by the Board. The Board had admittedly adopted

annuity return of 10% in fixing the compensation payable for the

trees cut down. The court below adopting the annuity return of

5% following the guidelines given in “K.S.E.B v Kumba Amma”

(2000(1) KLT 542) refixed the compensation and found a sum

of Rs.5,731/- is due to the claimant as enhanced compensation.

Practically there is no dispute with respect to the compensation

awarded on that ground. As already indicated, the challenge is

against the awarding of compensation of Rs.5,000/- towards

injurious affection of the land on account of the drawing of the

line. It is seen that the trees were cut down from the property of

the claimant for the purpose of drawing 110KV electric line.

Having regard to the number of trees cut down and also that for

the drawing of 110KV line, not only the area underneath but

sufficient area on both sides which is often called as clearing area

C.R.P No.473 OF 2007 Page numbers

has to be provided to avoid any mishap and to ensure free flow of

energy. I find, a sum of Rs.5,000/- fixed by the court below

towards the diminution of land value to the claimant in the

present case is not at all excessive and unreasonable. There is no

jurisdictional infirmity in the awarding of Rs.5,000/- towards

diminution of land value to the claimant by the court below.

Revision lacks merit, and it is dismissed.

Sd/-

S.S.SATHEESACHANDRAN
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv