Kerala High Court
B.Lalithamma vs Kerala State Electricity Board on 26 May, 2003
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
WEDNESDAY, THE 9TH DAY OF JANUARY 2013/19TH POUSHA 1934
CRP.No. 89 of 2004 ( )
----------------------
AGAINST THE ORDER/JUDGMENT IN OP(ELE).NO.43/1995 DATED 26-05-2003
OF THE DISTRICT JUDGE, KOLLAM
REVISION PETITIONER(S)/PETITIONER:
----------------------------------
B.LALITHAMMA
MINI NIVAS
MULLAKKARA
VATTATHAMARA P.O.
KUMMIL VILLAGE FROM KARIKKATTIL VEEDU OF -DO- -DO-
BY ADVS.SRI.VPK.PANICKER
SRI. GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R. DILEEP
RESPONDENT(S)/RESPONDENT::
--------------------------
KERALA STATE ELECTRICITY BOARD,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
R BY ADV. SRI.T.G.RAJEENDRAN
R BY SRI.P.SANTHALINGAM (SR.)
R BY SRI.S.SHARAN,SC, K.S.E.BOARD
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON
09-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S.S.SATHEESACHANDRAN, J.
-------------------------------
C.R.P.NO.89 OF 2004
-----------------------------------
Dated this the 9th day of January, 2013
O R D E R
Challenge in the revision is against the order passed by the District Judge, Kollam in a proceedings under Sections 10 and 16 of the Indian Telegraph Act read with Section 51 of the Indian Electricity Act. Being dissatisfied with the compensation awarded by the respondent, a statutory authority, Kerala State Electricity Board, hereinafter referred to as the 'Board', petitioner moved an application before the District Judge, Kollam for enhanced compensation. On the materials placed, the learned District Judge awarded a sum of Rs.24,000/- and also costs of Rs.1,000/- over and above the sum fixed by the Board towards compensation. Adjudgment of the compensation, both by the Board and also the District Judge, is erroneous and unsustainable, is the case of the petitioner in filing the above revision.
C.R.P.NO.89/2004 2
2. Admittedly, for the purpose of drawing 110 KV overhead electric lines, some valuable yielding trees from the property of the petitioner had been cut and removed. Petitioner has an extent of 1 acre 19 cents of property in Kummil village of Kottarakara Taluk, and through that property, the proposed 110 KV electric lines was contemplated. Towards the cutting and removal of trees from her property, a sum of Rs.93,131/- was awarded by the Board on the basis of the mahazer and valuation statement prepared by the Revenue Officer. Petitioner impeaching the compensation fixed has claimed excess amount in respect of the trees cut and removed and also for the loss and injury suffered to her land on account of the drawing of the lines. An advocate commission was taken by her to substantiate her claim. Ext.C1 is the commission report and Ext.C2 the mahazar. Commissioner was also examined as a witness in the case, in which, the other witness examined was the claimant. Learned District Judge found the report of the Commissioner far from satisfactory. It did not contain any data to assist the court in examining the challenge raised over the compensation fixed C.R.P.NO.89/2004 3 other than putting forth some exaggerated versions regarding the yield of the trees was the view taken by the learned District Judge. With respect to the compensation awarded towards trees cut and removed which alone was granted by the Board, no enhancement was allowable was the view taken by the learned District Judge in the backdrop of paucity of evidence let in the case. Accepting the case of the claimant to some extent it was held that 40 cents of her property had been injuriously affected by 10% due to the drawing of overhead electric lines. She had valued the property at Rs.5,000/- per cent. Though no material was placed to show the market value of the land at the time of cutting and removing of the trees learned District Judge fixed the centage value at Rs.4,000/- per cent, and on that basis fixed and awarded compensation of Rs.16,000/- towards diminution of land value. Planting of a tower in the property using an extent of two cents of land was also contemplated by the Board. To the loss of such two cents of property, a sum of Rs.8,000/- was awarded as compensation by the learned District Judge. Thus, a total sum of Rs.24,000/- as enhanced compensation was granted C.R.P.NO.89/2004 4 directing its payment with 9% interest per annum and costs of Rs.1,000/-.
3. Adverting to the commission report and also the claims raised by the petitioner in her petition, learned counsel for petitioner strongly contended that her claim towards enhanced compensation for tree cutting and also diminution of land value had been improperly rejected by the court. It was also urged that the proposed line passed over her residential building situate in the property. She has now been prevented from converting that single storied building to a double storied building. Further more, there is perpetual threat and danger when overhead electric lines passed over the residential building, is the further submission of the counsel. Ext.C1 Commission report to some extent supports the version canvassed by counsel that the proposed overhead lines are likely to pass over the residential building of the petitioner. Whatever that be, it is seen, petitioner has specifically alleged in her petition that the 110 KV electric lines proposed to be drawn C.R.P.NO.89/2004 5 through her property pass over her residential building and that would cause perpetual threat and danger. What is proposed to be drawn is a 110 KV electric line. Safety requirements contemplates no obstruction not only of the area through which the lines pass through but also of considerable distance on both sides as well. Normally when a person puts up a building he will take care to see that the structure is not situate underneath any electric line. More than that the threat and danger that is likely to follow from overhead electric lines magnetic field surrounding such electric lines may have its impact on living organisms including human beings. When a person is compelled to live underneath overhead electric lines, that too of 110 KV, it cannot be stated that it will not affect his wellbeing and peace of mind. In such circumstances, I find, where the proposed 110 KV electric lines are likely to be drawn overhead the existing residential building of the petitioner situate in the property, having an extent of 1 acre 19 cents, then, naturally she should be compensated for the injurious affection caused thereby. Though no evidence has been let in, to enable the quantum of C.R.P.NO.89/2004 6 compensation to be awarded thereof, it would be reasonable to fix the sum at Rs.25,000/-. Petitioner will be entitled to get the above sum with 9% interest per annum from the date of petition. So far as the other challenges made with respect to the inadequacy of the compensation awarded to the trees cut and removed and diminution of the land value, I find, no interference is called for.
Subject to the awarding of Rs.25,000/- with interest fixed as above towards injurious affection caused over the land by the drawing of the overhead lines in the residential building of the petitioner, the petition is disposed of.
S.S.SATHEESACHANDRAN JUDGE prp