Kerala High Court
The Chief Manager vs P.S.John on 21 March, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934
CRP.No. 574 of 2008 (C)
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AGAINST THE JUDGMENT IN OP(ELE) 121/1998 DATED 21-03-2007
REVISION PETITIONER / RESPONDENT : -
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THE CHIEF MANAGER,
POWER GRID CORPORATION OF INDIA LTD,
NANGIARKULANGARA,
KAYAMKULAM,
ALAPPUZHA DISTRICT
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS / PETITIONERS : -
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1. P.S.JOHN,
PALLIADIMURIYIL HOUSE,
EDAMON, EDAMON VILLAGE,
PUNALUR, PATHANAMTHITTA.
2. MERCY BIJI PHILIP,
THOLIKOTTU PUZHAMGERI,
MADHIRAM, PUNALUR.
3. BIJI PHILIP,
THOLIKOTTU PUZHAMGERI,
MADHIRAM, PUNALUR.
(RESPONDENTS 2 AND 3 REPRESENTED BY P.A. HOLDER - 1st RESPONDENT)
R1 TO 3 BY ADV. SRI.S.ABDUL RAZZAK
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
15-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DMR/-
S.S.SATHEESACHANDRAN,J.
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C.R.P. NO. 574 of 2008
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Dated this the 15th day of January, 2013
ORDER
Revision is directed against the order granting enhanced compensation in a proceeding under Section 10 (d) and 16 of the Indian Telegraph Act, 1885 and under Section 51 and 42 of the Indian Electricity Act 1910 and Electricity Supply Act 1948, by the learned First Additional District Judge, Kollam. Respondent in the above proceedings, Power Grid Corporation of India Limited, has filed the revision challenging the enhanced compensation awarded by the court as excessive and unreasonable. The above Corporation has assessed and fixed reasonable compensation for the trees cut and removed from the property of the claimant and excess amount awarded as enhanced compensation by the court below is unsustainable and erroneous and liable to be interfered with, is the case canvassed in the revision. Going through the order passed by the court below it is seen 138 C.R.P. NO. 574 of 2008 2 rubber trees were cut and removed from the property of the respondent/claimant for drawing 220 KV electric transmission line over his property. Towards compensation for 129 yielding trees a sum of Rs.23,940/- (Rupees Twenty Three Thousand Nine Hundred and Forty Only) and in respect of 9 other yielding rubber trees a sum of Rs.10,626/- (Rupees Ten Thousand Six Hundred and Twenty Six Only) was awarded by the Corporation. The amount so awarded does not reflect the compensation payable in respect of the yielding rubber trees cut and removed was the case of the claimants. They have also set forth some other claims towards erecting of a tower in two cents of their property and also for diminution of land value. In respect of those claims as well the court below has awarded a sum of Rs.8,000/- (Rupees Eight Thousand Only) and 15,000/- (Rupees Fifteen Thousand Only) respectively, over which no serious challenge was raised in the revision and as such no enquiry thereof is called for. With respect to the claim for compensation over the yielding rubber trees cut and removed the claimants have C.R.P. NO. 574 of 2008 3 examined a Deputy Rubber Production Commissioner from the Rubber Board to support their claim for enhancement. The evidence given by that expert indicated that the high yielding rubber trees planted in the property of the claimants would reasonably give yield for a period of 120-130 days in a year. The yield from such tress, according to that expert, would on an average come to 13.8 Kgs. Price of rubber at the relevant point of time per kilogram was stated by that witness, PW3 as Rs.35/-. On the basis of the evidence given by PW3 the court below after giving credit to the amount spent towards maintenance, cost of manuring etc, deducted = of the total income obtained, and adopting a multiplier of 8.853 as per parks valuation table re-assessed the compensation payable. Such compensation arrived at was found to be Rs.2,40,527/- (Rupees Two Lakhs Forty Thousand Five Hundred and Twenty Seven Only). Amount already paid towards compensation for cutting and removing the trees being deducted from such sum the enhanced compensation payable was arrived at Rs.2,05,961/- (Rupees C.R.P. NO. 574 of 2008 4 Two Lakhs Five Thousand Nine Hundred and Sixty One Only). Present price of rubber is more than three times than what was the amount fixed at the time when the trees were cut and removed is not a matter in dispute. True the claimant is entitled to compensation only at the rate that was available and in force at the time of cutting and removing the trees. However escalation of price of rubber cannot be ignored in examining the challenge raised over the amount fixed as enhanced compensation towards the cutting and removal of the 138 yielding rubber trees. No material whatsoever was placed by the respondent/corporation other than exhibiting in evidence the mahazar prepared over the valuation statement. Claimants have let in evidence examining an expert (PW3) in support of their claim, and such evidence was brought in to sustain the claim of enhanced compensation canvassed by them. Still, no counter evidence was let in to disturb or challenge the evidence of the expert. Where the number of yielding rubber trees, its yielding capacity and other general features how many days in an year such trees C.R.P. NO. 574 of 2008 5 would give yield are not seriously in dispute, I find there is no justifiable ground for interfering with the reassessment of compensation made by the learned District Judge and the order of enhanced compensation passed by him.
There is no merit in the revision, and it is dismissed.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-