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2010 Supreme(Online)(KER) 32224

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
K.S.E.BOARD – Appellant
Versus
PADMAKUMARI – Respondent


Advocates:
SRI. ASOK M.CHERIYAN, SC, KSEB; SRI. VINOY VARGHESE KALLUMOOTTILL FOR R1 & 2

O R D E R

This revision petition is filed at the instance of the Kerala State Electricity Board challenging enhanced compensation awarded by the learned First Additional District Judge in O.P(Ele.) No.33 of 2001. For the purpose of drawal of 11 KV line certain trees were cut and removed from the property of respondents and petitioner awarded a sum of Rs.6,780/-. Dissatisfied with that, respondents approached court below with a claim of Rs.3,05,000/-. Petitioner resisted the claim contending that compensation awarded is reasonable and that on any count no further amount is payable. Learned Additional District Judge awarded Rs.65,000/- towards value of improvements as claimed by respondents relying on her evidence as P.W.1. So far as compensation for tree cutting is concerned, no amount was awarded since timber was given to the respondents. But learned Additional District Judge held that had the trees stood there respondents would have benefited much from that and from the claim of Rs.1,40,000/- under that count 10% was awarded as compensation. So far as compensation for diminished land value is concerned it is seen that the extent of land affected is seven cents and Rs.1,000/- per ce

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