KERALA STATE ELECTRICITY BOARD Vs. NARAYANAN KUTTY NAIR

JUDGEMENT

(1.) It is not in dispute that the trees standing in the property having an extent of 10.52 Ares which belongs absolutely to the petitioner before the court below were cut and removed for drawing 33 KV extra high tension line by the Board. The Board paid a sum of Rs. 5,000/- towards compensation. Dissatisfied with the amount so given, the petitioner approached the court concerned for enhancement of compensation. The lower court found that the amount granted by the Board for trees cut and removed is just and proper and refused to interfere with the amount so given by the Board.

(2.) However, the court below found that no amount had been granted by the Board towards diminution in land value and according to the court below, the petitioner was entitled to the same as per the decisions of the Apex Court. In order to assess the diminution in land value, the court below relied on Ext. A4 document produced by the petitioner and on that basis assessed the land value at Rs. 35,000/- per cent. Assessing the diminution in land value at 40% and taking 5.25 cents as affected area, an amount of Rs. 73,500/- was granted as diminution in land value with 6% interest from the date of cutting of trees till realization. It is the said order that is assailed in this revision petition.

(3.) Learned counsel appearing for the petitioner contended that it is without any rhyme or reason that the court below had accepted Ext. A4 and arrived at the land value on that basis. There is nothing to show, according to the learned counsel, that the land covered by Ext. A4 compares well with the land in question and evidence in that regard was absolutely necessary before the value in Ext. A4 could have been accepted. Merely by production of documents, it does not follow that the value can be simply accepted. The Commissioner was not asked to assess the value of the land or to find out whether the property of the petitioner was lying close to the property covered by Exts. A3 or A4. Therefore, it is contended that the assessment on the basis of Ext. A4 document cannot be sustained.