KERALA STATE ELECTRICITY BOARD Vs. MARY JOHN

JUDGEMENT

(1.) Aggrieved by the order dated 12.10.2009 in O.P. (Ele.) 156 of 2005 before the District Court, Alappuzha, the respondent Board has come up in revision.

(2.) It is an admitted fact that for the purpose of drawing a 110 KV line, 11 cents of property belonging to the claimant was utilized. Certain trees were cut and removed from her property. The Board awarded compensation of Rs. 9,675/- towards damages so suffered by the claimant. Dissatisfied with the amount so awarded, the claimant approached the District Court for enhancement. The District Court did not find any reason to enhance the amount for the trees cut and removed from the property.

(3.) The District Court, however, considered the diminution in land value suffered by the claimant. As usual, the Board has not awarded any amount on that count. The court below, taking note of the fact that 110 KV electric line was drawn up right across the property of the claimant, even assuming that there is no commission taken out by the claimant to show the actual extent of property affected, formed the opinion that it is natural to believe that the property would have been injuriously affected. As far as the land value is concerned, the petitioner has produced a document which would show that the land value in 2009 is Rs. 3,15,000/- per cent. The trees were cut and removed in 1999. On the basis of the document produced by the claimant, the court below formed the opinion that a reasonable value of Rs. 50,000/- shall be taken as land value for the year 1999. Taking 30% as diminution, a sum of Rs. 1,65,000/- was awarded as compensation towards diminution in land value.