IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 704 of 2005()
1. THE KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. M.N.GOPI, S/O.NARAYANAN,
... Respondent
For Petitioner :SRI.A.SUDHI VASUDEVAN, SC, KSEB
For Respondent :SRI.M.V.SABU
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :28/07/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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C.R.P. NO. 704 OF 2005
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Dated this the 28th day of July, 2008
O R D E R
Kerala State Electricity Board, the respondent in O.P
(Ele). 95 of 1999 on the file of District Court, Alappuzha filed this
revision petition challenging enhanced compensation granted by
the District Court for drawing KVM- Maruthorvattom 11KV
electric line through the property of the respondent in Survey
No.17/7-2 of Thanneermukkom North Village. Trees were cut
and a compensation of Rs.1,600/- was awarded. It was received
under protest. Respondent filed the petition claiming enhanced
compensation. It was contended that because of the drawing of
electric line extent of 2 cents became completely useless and he
is entitled to get an additional compensation of Rs.27,000/-.
Learned District Judge on the evidence granted an enhanced
compensation of Rs.6,000/- being the diminution of land value. It
was found that 2 cents of property of the respondent was
effected injuriously. Fixing land value at Rs.10,000/- per cent,
enhanced compensation was granted. This petition is filed
challenging the award.
CRP704/05 2
2. Learned counsel appearing for petitioner and
learned counsel appearing for respondent were heard at the
admission stage.
3. Learned counsel appearing for petitioner argued
that there is no evidence to prove the land value or diminution of
land value and therefore the enhanced compensation granted is
unsustainable.
4. The impugned award shows that though no oral
evidence was adduced, land value was fixed based on Ext.A1 sale
deed. Land value fixed was only Rs.10,000/- per cent. It was
found that the Ext.A1 was three years subsequent to the date of
cutting of the trees and properties are similar. It was found that
2 cents of the property was adversely affected. It was found that
diminution of land value would be 30% of 2 cents. It is
considering all the facts enhancement of Rs.6,000/- was granted.
I do not find any reason to interfere with the order and there is
no illegality or irregularity.
Revision petition is dismissed.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-