KERALA STATE ELECTRICITY BOARD Vs. PHILIP ANTONY

JUDGEMENT

(1.) The revision petitioner/respondent (K.S.E.B.) in O.P.(Ele.) 155/2001, the proceedings with respect to tree cutting compensation and under orders to pay additional compensation, has roundly indicted the decision alleging that the methodology chosen by the Court and the enhanced compensation awarded is absolutely unjust and manifestly illegal and certainly to be interfered by this Court in revision. The total sum including the compensation award at the prelitigation phase would amount to Rs. 32,508/- with interest at 9% per annum from the date of cutting. It is pointed out that the amount of compensation arrived at is based on no materials and further no details are available or ascertainable from the order as to how such an amount is arrived at.

(2.) It is seen that the order of the Court below is divided into two parts, the former part designated as 'preliminary award' and the subsequent segment as 'final award'. The preliminary award recites the pleadings as well as the points raised and the latter section ie.; the final award mentions a total sum as the compensation awarded.

(3.) The case of the petitioner/claimant was that the respondent for the purpose of drawing high tension Koothunkal-Panamkutty 110 K.V. power line, cut and removed a number of improvements to clear the area underneath. The compensation assessed and awarded is neither full nor fair. There was considerable delay in the process of payment subsequent to the cutting but no interest was awarded. The price of the produce fixed is not reasonable. The multiplier adopted is not proper. The deduction on account of maintenance of trees and Cultivation expenses are very high. Moreover, there is diminution in land value on account of the drawal of the overhead powerline. A sum of Rs. 75,000/- was claimed as additional compensation.