The court ruled that compensation for agricultural crops like plantains must be calculated based on their actual life cycle, and applying a multiplier reflecting an artificially inflated age is legally unsustainable and subject to correction under revisional jurisdiction.

O R D E R

This revision petition is filed against the order dated 04.10.2018 in O.P.(Electricity) No.66/2014. The petitioner drew 400 KV double circuit line over an extent of 12.35 ares of the property of respondents 1 and 2. Dissatisfied with the compensation fixed by the petitioner, the claimants sought enhancement by filing a petition under Sections 10 and 16 of the Indian Telegraph Act, 1885 read with Sections 10 to 19 and 164 of the Indian Electricity Act, 2003. The Additional District Court-II, North Paravur, re-fixed the value for land at Rs.2,00,000/- per cent. Since the claimants were entitled to ¼ ^th towards the diminution of land value, the compensation was ultimately arrived at Rs.15,25,225/-.

As regards the value towards the trees cut and removed, Ext.B23 mahazar shows the following trees were cut, seven coco palms, 12 areca palm, three nutmeg trees and 497 plantains. The Additional District Court-II, North Paravur, fixed the following compensation:-

Seven coco palms were curt compensation is 7 ₓ 1700 ₓ 8 = 95,200/-. 12 areca palms were cut. Then the compensation is 12 ₓ 850 ₓ 8 = 81,600/-. Three nutmeg trees were cut. Compensation is 3 ₓ 6350 ₓ 8 = 1,52,400/-. There were 497 plantains. Then the compensation for the same is 497 ₓ 400 ₓ8 = 15,90,400/-. the petitioners are entitled to a total compensation of Rs.19,19,600/- as compensation for cutting trees.

2. Thus a total compensation of Rs.53,61,696/- was directed to be paid with interest at

6% from 10.03.2011 till the date of realisation.

3. Heard Shri.Rojo Joseph, the learned counsel appearing for the petitioner, Shri.Rajesh Vijayan, appearing for respondents 1 and 2 and Shri.K.Denny Devassy, the learned Senior Government Pleader appearing for the 3^rd respondent.

4. Shri.Rojo Joseph, the learned counsel appearing for the petitioner raised pertinent argument regarding the age of the plantains tree fixed by the Additional District Court-II, North Paravur. According to him, the Additional District Court had erroneously fixed the age of plantains as eight years, which is unreasonable. Normally, the age of a plantain tree is around one year. Therefore, it is inevitable that this Court must interfere in order to rework the compensation.

5. In such circumstances, this Court is inclined to exercise its revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908, notwithstanding the fact that it is of limited nature.

Accordingly, this revision petition is partly allowed by re-fixing the compensation for 497 plantains as follows:-

The compensation is 497 ₓ 400 ₓ 1 =

Rs.1,98,800/-. Therefore the total compensation thus payable is Rs.39,70,365 (Rs.19,17,140 + Rs.15,25,225/- + Rs.5,28,000/-), which shall be paid with 9% interest from the date of cutting of the trees till the date of realisation.