K.S.E.B. vs C.N. Narayana Kurup New House, CMC IX, Cherthala. (Died, LR''S Impleaded), Vijayakumar and Padmakumari @ Syamala

K. Vinod Chandran, J.—The Kerala State Electricity Board is in revision before this Court challenging the enhancement of compensation granted by the lower court u/s 16 of the Indian Telegraph Act, read with Section 51 of the Indian Electricity Act and Section 10 of the Electricity Supply Act, 1957. The claimant before the court below in O.P.(Ele) No. 173/98 alleged that he was the owner in possession and enjoyment of 45 cents of land in Sy. No. 201/16 of Kokkothamangalam village. For the purpose of drawing of 110 KV electric line through the middle of the said property, 8 yielding coconut trees, 4 coconut saplings, 1 anjili, 1 cashew tree, 4 mango trees, 8 jack trees, 3 sandal wood, 1 kalasa and some other trees were felled. The petitioner aggrieved by the megre compensation granted, filed a petition before the lower court for enhanced compensation with respect to the value of the trees as also the diminution in land value. The petitioner received only Rs. 13,457/- and before the lower court petitioner claimed that he is actually entitled to Rs. 80,543/- as additional compensation. To prove the claim, oral evidence of PW1, and documentary evidence Exts. A1 and Commission report C1 were produced before the lower court. It is stated in the affidavit before the lower court that for drawing Aroor-Mararikulam 110 KV line through the middle of the petitioner''s property several yielding and non-yielding trees were felled from his property. A detailed valuation statement was filed by the Board to prove that the calculation made by them was in a meticulous manner and as per the Tree Cutting manual of the KSEB. The court found a slight error of 25% in valuing the coconut trees and an additional amount of Rs. 3,364/- was granted. The said enhancement is perfectly valid and is not liable to be interfered with.

Ext. C1 is the report filed by the commissioner wherein it is mentioned that an extent of 15.23 cents of property became useless due to the drawal of electric line which caused diminution in land value. As per the commissioner''s report, the market value in that locality is Rs. 15,000/- per cent which is not supported by any sufficient data. Though Ext. A1 assignment deed was produced, the commissioner has not examined that property. No objection has been filed against Ext. C1. From the available evidence and the nature of property, lower court fixed the land value at Rs. 10,000/- per cent and considering the fact that the inability caused to construct or cultivate, the lower court fixed the diminution in land value at 40% and the extent of injurious effect as 12 cents. The petitioner was awarded an enhanced compensation at Rs. 51,365 with interest at the rate of 6% p.a. from the date of felling till realisation. The importance of the locality has been highlighted by PW1 pointing out various institutions like Hospital, Coir factories, Church, Temple etc., in the locality. The said figure arrived at by the lower court on facts cannot be said to be unreasonable or excessive. The enhancement granted by the lower court cannot be assailed and the order of the lower court to that extent is not liable to be interfered with. Looking at the entire facts and circumstances of the case, this Court is of the opinion that the fixation of land value as also the enhanced compensation granted by the court below is adequate and reasonable. The determination of the extent cannot at all be assailed. The adoption of 40% as the diminution in land value cannot also said to be unreasonably high.

In such circumstances, on the finding rendered above, the Civil Revision petition is found to be devoid of merit and is hence rejected. No costs.