V V JAYARAM Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The question of law involved in this Revision is whether the report submitted by the Commissioner appointed in an Original Petition (Electricity) can be accepted in evidence without examining the Commissioner.

(2.) For drawing a 11 KV electricity line, the property of the petitioner was crossed and trees were cut from the property. (The petitioner died pending Revision and his legal representatives were impleaded as additional revision petitioners.) The total extent of the property belonging to the petitioner is 72 cents. The Kerala State Electricity Board granted a compensation of Rs. 12,330/- to the petitioner. Dissatisfied with the same, the petitioner filed O.P.(Ele.) No.107 of 1999 before the District Court, Alappuzha. The petitioner/claimant claimed a sum of Rs. 4,42,500/- as additional compensation.

(3.) The court below, as per the order dated 30.3.2004, granted an enhanced compensation of Rs. 39,878/-, comprising of enhanced compensation for the trees cut and as compensation for diminution of land value. The court below granted a sum of Rs. 36,000/- as compensation for diminution of land value. The Board had not granted any compensation to the petitioner on account of diminution of land value.