IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 33 of 2005(B)
1. THE KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
For Petitioner :SRI.A.SUDHI VASUDEVAN, SC, KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/11/2008
O R D E R
HARUN-UL-RASHID, J.
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C.R.P. No. 33 of 2005
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Dated this the 28th November, 2008.
O R D E R
Kerala State Electricity Board is the revision petitioner. This
revision is directed against the order dated 4.8.2003 in O.P
(Electricity) No.180 of 1998 on the file of the Additional District
Judge, Alappuzha. The Board erected a tower in the property
belonging to the claimant for the purpose of drawing Aroor-
Mararikulam electric line. The claim for compensation for
diminution in land value in lump is fixed at the rate of
Rs.50,000/- per cent. For cutting and removing the trees
standing in the property, the court below has passed an award in
O.P(E) No.180/1997 which is produced as Exhibit A1. The court
below held in evidence that the total area injuriously affected was
20 cents; out of which compensation awarded was in respect of
14 cents. The court below therefore held that the present area
injuriously affected for the purpose of calculating compensation is
6 cents. The learned Judge determined the land value at the rate
of Rs.20,000/- per cent, which is the same rate fixed vide Exhibit
A1. The learned Judge also held that since the tower is erected
C.R.P. No. 33 of 2005 : 2 :
and the entire 6 cents has been utilised for the same, the
respondent is entitled for compensation for the said area. The
court below awarded Rs.1,20,000/- as compensation. The
amount fixed by the court below is reasonable and justifiable. On
the facts and circumstances proved, I am unable to take different
view in this matter.
In the result, the revision fails. It is accordingly dismissed.
No order as to costs.
HARUN-UL-RASHID, JUDGE