IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 724 of 2007()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. T.M.MATHEW,S/O.MATHAI,THURAVACKAL (H),
... Respondent
For Petitioner :SRI.C.K.KARUNAKARAN, SC FOR KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :16/06/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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C.R.P.NO.724 OF 2007 (D)
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Dated this the 16th day of June, 2009
O R D E R
The revision is directed against the award passed in
O.P.(Ele).No.11/2001 of the Additional District Court,
Thodupuzha, granting enhanced compensation to the
respondent, a sum of Rs.21,367/- with interest at the rate of
9% per annum till realisation towards drawing of the
Koothunkal-Panamkutty 110 KV line, from the petitioner, a
statutory authority, which cut and removed some valuable
trees from the property of the respondent to draw the line.
The claim in the petition for enhanced compensation was
Rs.1,40,000/- disputing the compensation assessed and paid as
meagre. The claim was resisted by the present
petitioner/respondent in that petition, contending that
reasonable and adequate compensation had been provided
towards the loss suffered by the petitioner on drawing of the
line over his property. The dispute in the assessment of
CRP.7242007 2
compensation centered around the value fixed by the Board,
the petitioner, with respect to the rate of the agricultural
produce viz coffee, arecanut and pepper etc. The learned
District Judge, after taking note of the price for such
agricultural produce during the relevant time in the gazette
notification published by the Government reassessed the value
in terms of such notification. Similarly, the deductions made
by the petitioner from the yield of the agricultural produce
towards natural decay, cultivation expenses etc. was also
found very much on the higher side warranting modification.
The Board has assessed deductions at 60% on coffee and for
other agricultural produces at 45.75%. Taking note that
petitioner is a small cultivator carrying on agricultural
operations, the deductions allowable were refixed for arecanut
at 35%, coffee at 30% and for other produces at 25%.
Similarly, the rate of return for assessment of the
compensation had been fixed by the Board at 10%, which was
refixed by the learned District Judge at 5% in the light of the
decision rendered in Kumbha Amma v. K.S.E.B. (2000 (1)
KLT 542). A calculation statement on the basis of the
CRP.7242007 3
reassessment made as indicated above was filed by the
claimant and it was accepted by the respondent namely,
KSEB. No circumstance whatsoever has been brought to my
notice to show that the principles adopted by the learned
District Judge in reassessing the value for fixing the
reasonable compensation were not in accordance with the
settled guidelines and in consonance with equity and justice. I
do not find any scope for interference with the award passed
by the learned District Judge granting enhanced compensation
of Rs.21,367/- with interest at 9% to the claimant/petitioner in
the original petition. Enhanced compensation so provided is
found to be just and reasonable. The revision is devoid of any
merit, and it is dismissed.
S.S.SATHEESACHANDRAN
JUDGE
prp
S.S.SATHEESACHANDRAN, J.
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CRL.R.P.NO. OF 2006 ()
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O R D E R
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23rd March, 2009