High Court Kerala High Court

The Kerala State Electricity … vs Mr.Shibu on 8 July, 2008

Kerala High Court
The Kerala State Electricity … vs Mr.Shibu on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 247 of 2007()


1. THE KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. MR.SHIBU, S/O.SIMON, THACHETH,
                       ...       Respondent

                For Petitioner  :SRI.K.S.ANIL, SC, KSEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/07/2008

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.

                      -------------------------------

                         C.R.P.No.247 of 2007

                      -------------------------------

                     Dated this the 8th July, 2008.

                               O R D E R

Kerala State Electricity Board is challenging the award

passed by Additional District Court, Ernakulam, enhancing the

compensation payable to the respondent, in Ele.O.P. No.222 of 2002,

on account of drawing of 11 KV Piravom feeder electric line, through

his property. A compensation of Rs.5,978/= was paid, being the value

of seven yielding rubber trees cut from the property consisting of an

extent of 20 cents. Dissatisfied with the compensation, respondent

filed the petition for enhanced compensation. As per order dated,

29.1.2005, learned District Judge fixed the total compensation at

Rs.13,188/=, viz., Rs.12,188/=, being the enhanced compensation

granted for seven rubber trees cut and removed, and Rs.1000/= for

diminution of land value, deducting Rs.5,978/= originally paid, the

Board was directed to pay enhanced compensation of Rs.7,210/= with

interest at the rate of 9% per annum. The Board is challenging the

award in this revision petition contending that there is no basis for the

CRP.247/2007

2

enhanced compensation granted.

On hearing the learned counsel, I do not find any

illegality or irregularity warranting interference. It is an admitted case

that while drawing 11 KV line through the property of the respondent,

seven rubber trees had to be cut and removed. It cannot be disputed

that there would be a diminution of land value to the limited extent,

as respondent would be prevented from effecting improvements or

structures beneath the line. Still learned District Judge has only

granted a nominal compensation of Rs.1000/= for diminution of land

value. Even if it is taken that Rs.6210/= awarded as enhanced

compensation for seven rubber trees is excess, considering the fact

that diminution of land value awarded is only Rs.1000/=, I do not find

any reason to interfere with the impugned order, as total

compensation granted is only Rs.7210/=. Revision petition is

dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE

nj.