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Kerala State Electricity

High Court Of Kerala|12 December, 2014
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JUDGMENT / ORDER

For drawing Punnapra-Edathua 110 KV Line, trees from the property belonging to the respondents were cut down. 14 yielding coconut trees, 4 anijili trees, 3 mahagani trees, 3 teak trees and many other trees were cut and removed from the property. The property belonging to the respondents has a total extent of 35 cents. The compensation awarded by the Kerala State Electricity Board was only ₹32,370/-. The respondents contended that the compensation awarded by the Board was very low. They claimed enhanced compensation of ₹2,50,000/- for the value of the trees cut and ₹2,00,000/- for diminution of land value. The respondents contended that an extent of 10 cents of land has become useless due to the drawal of the electric line.
2. The Kerala State Electricity Board contended that the compensation fixed by the Board was just and reasonable.
3. Before the court below, the first claimant was examined as PW1. A Commissioner was appointed who filed Exhibit C1 report. The Commissioner's report would show that an extent of 8 cents of land belonging to the claimants was rendered useless and that there was diminution of land value. The claimants contended that the land value would be ₹45,000/- per cent. The court below held that the land value at the relevant time would be ₹35,000/-; and taking the diminution of land value at 40%, the court below awarded a sum of ₹1,12,000/- as compensation for diminution of land value.
4. As regards the claim for the value of the trees cut, the claimants contended that they are entitled to get a sum of ₹2,50,000/-. The court below rejected that claim only on the ground that the valuation statement prepared by the Board “appears to be more correct and proper.” No enhancement was granted on account of the value of the trees cut. The respondents have not filed any revision against that part of the order.
5. The amount awarded by the court below cannot be said to be unreasonable or unjust. An extent of 8 cents of land was adversely affected by the drawal of the line. The value of the land fixed by the court below is also just and reasonable. I do not find any ground to interfere with the order passed by the court below.
Accordingly, the Civil Revision Petition is dismissed.
csl K.T.SANKARAN JUDGE
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Title

Kerala State Electricity

Court

High Court Of Kerala

JudgmentDate
12 December, 2014
Judges
  • K T Sankaran