IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1247 of 2004()
1. P.MANI, S/O. PAZHANIYAPPA KONAR,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
3. THE DEPUTY TAHSILDAR (LA),
4. THE DEPUTY COLLECTOR (LA),
For Petitioner :SRI.TOM K.THOMAS
For Respondent :SRI.C.K.KARUNAKARAN, SC FOR KSEB
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :01/01/2009
O R D E R
HARUN-UL-RASHID,J.
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C.R.P.NO.1247 OF 2004
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DATED THIS THE IST DAY OF JANUARY,2009
O R D E R
The claimant in Electricity O.P. No.151/98 on the file of
the District Court, Palakkad is the petitioner herein. The court
below awarded an amount of Rs.38,230/- as additional
compensation for the trees cut and removed for drawing of 110 KV
Tower line from Panampally 220 KV Sub Station to Kanjikode
Railway Track Sub Station. The court below held that the value
fixed for the four species of trees mentioned in page 2 of the order
is just and reasonable. Reasons are stated for not relying on the
Commissioner’s report.
2. Learned counsel for the revision petitioner submitted
that Rs.3,000/- per cent fixed by the court below is too inadequate
and does not reflect the market value of the land. I find some force
in the argument of the learned counsel for the petitioner. I am of
the view that the land value shall be re-fixed at the rate of
Rs.5,000/- per cent, considering the potential value of the property
and the importance of the location. The Commissioner reported
-2-
CRP.No.1247/2004
that two cents of land is occupied by the tower. Therefore, the
claimant is entitled to Rs.10,000/- towards the land value of the
area occupied by the tower. After deducting the amount granted
by the court below, the petitioner is entitled to an additional
compensation of Rs.4,000/-.
3. On the basis of the records, it can be seen that an
extent of 30 cents of land are affected by the drawing of 400 KV
electric line. Considering the market value of the property fixed
at the rate of Rs.5,000/- per cent, the diminution in land value can
be assessed at 30% of the market value. Therefore, the claimant
is entitled to compensation of Rs.45,000/- less Rs.30,000/-
awarded by the court below. The petitioner is entitled to
additional compensation of Rs.19,000/- with interest at the rate of
8% from the date of petition till realisation. The award under
challenge is modified. Petitioner is not entitled to any
enhancement under any other heads.
CRP is disposed of as above. No order as to costs.
HARUN-UL-RASHID,
Judge.
kcv.