A revision petition against an order in execution proceedings awarding compensation for trees cut and land affected. The single judge dismissed the petition, holding the compensation awarded was not exorbitant as it considered minimum fixed values. </s>
Revision petition dismissed holding the compensation award was not exorbitant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929
CRP.No. 1042 of 2007()
---------------------OP(ELE)77/2001 of I ADDL. DISTRICT COURT, KOLLAM
REVISION PETITIONER: 1ST RESPONDENT:
------------------------------------------------------------------
POWER GRID CORPORATION OF INDIA LTD, LOCAL OFFICE,NANGIARKULANGARA, KAYAMKULAM, REP.BY ITS CHIEF MANAGER.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS: PETITIONERS:
-----------------------------------------------
1. NIZAM,S/O.MAUTHANNAN RAWTHER,EDATHUNDIL VEEDU,MEENATHUCHERRY,PATTAZHY VADAKKEKARA VILLAGE, PATHANAPURAM TALUK,KOLLAM.
2. SHANIMA BEEVI,W/O.NIZAM,EDATHUNDIL VEEDU, MEENATHUCHERRY,PATTAZHY VADAKKEKARA VILLAGE, PATHANAPURAM TALUK,KOLLAM.
BY ADV. SRI.K.SUBASH CHANDRA BOSE
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.N.KRISHNAN, J
=====================
C.R.P. No.1042 OF 2007
=====================
Dated this the 6th day of February 2008
O R D E R
This revision petition is preferred against the award of the I Addl.District Court, Kollam in O.P.(Ele.)No.77 of 2001 whereby the court has awarded a consolidated sum of Rs.3,58,161/- together in O.P.(Ele.) No.46 of 2000 and O.P.(Ele.)No.77 of 2001. I am dealing with both the cases, though C.R.P is only filed against O.P.(Ele.)No.77 of 2001 for the reason that the land involved is taken together. So far as O.P.(Ele.)No.46 of 2000 is concerned, 275 trees were cut and removed and so far as O.P. (Ele.)No.77 of 2001 is concerned, 11 rubber trees were cut and removed. The total extent of the property owned and possessed by the petitioners is 3.42 acres of land, out of which 3.5 cents was exclusively used for erecting tower and 10 cents was carved out for forming a pathway to be exclusively used by the Power Grid Corporation. Now, it is submitted that the value of the rubber trees given by the court is really inadequate by the counsel for the
claimants. He would submit that evidence has been let in in the form of oral evidence by an employee of the Rubber Board where he has stated that
CRP 1042/2007 -:2:-
even for preparation of cultivation of rubber for 1 acre, an amount of Rs.1 lakh is necessary and the average age of the rubber trees is 30 years and Kg price at that relevant point of time was about 62. The court below has only taken into account the price of the rubber at Rs.35 per Kg and the average life span is taken as 12 years. The court below had only applied a multiplier of 8.384 for fixation of compensation. The court also found that the land affected is 94 cents and the diminution of land value has been fixed at Rs.250/- per cent. The court below has only taken the least minimum for the purpose of calculating the compensation and in a case where 286 trees are involved where an extent of 3.5 + 10 cents of land is totally used for the purpose of erecting tower and creating a pathway and the electric line goes through the middle of the property, the affected area is taken as 94 cents. The compensation awarded appears to be only just and reasonable and at any rate not exorbitant or above what really the claimants are entitled to. The court has only taken into consideration the minimum price for the rubber and the multiplier adopted also is correct. Therefore the award does suffer from any serious infirmity and therefore it is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-
CRP 1042/2007 -:3:-
1 issue framed by the court
Whethers dissatisfactoriness of value of rubber trees were cut by powergrid corporation attracts revision of award made in execution proceedings
POWER GRID CORPORATION OF INDIA LTD
NIZAM
SHANIMA BEEVI
M.N.KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
