The High Court of Kerala dismissed a civil revision petition filed by the Kerala State Electricity Board against an award of additional compensation for land acquisition. The Court found the lower court's calculation reasonable.
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 THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930
CRP.No. 818 of 2007
--------------------------OP(ELE.) 29/1999 of II ADDL. DISTRICT COURT, TRIVANDRUM
REVN. PETITIONER: RESPONDENTS
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1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
2. THE SPECIAL TAHSILDAR, (LAND ACQUISITION), KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM.
BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB
RESPONDENTS: PETITIONER
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SMT. LALITHA DAVID, AGED 55 YEARS, W/O. DAVID, DEEPTHI, PEYAD P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N.KRISHNAN, J
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C.R.P. No.818 OF 2007
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Dated this the 27th day of March 2008
O R D E R
This revision petition is preferred against the award of the II Addl.District Court, Thiruvananthapuram in O.P.(Ele.)29 of 1999, whereby the court below awarded a sum of Rs.35,941/- as additional compensation. I have perused the award. There were 61 rubber trees aged 5 years and they were cut and removed from the property. The court below did not grant any timber value, but the expense is taken as Rs.100/- per annum. Thus altogether for 61 trees the court awarded a compensation of Rs.30,500/-. The court fixed the cent age value at Rs.2,500/- and the diminution of land value at 20%, awarded an amount of Rs.13,750/- under that head. After deducting an amount Rs.8,309/- the court below awarded a balance amount of Rs.35,941/- with interest at the rate of 7% per annum. It is only just and reasonable calculation and it does not call for any interference. Therefore C.R.P lacks merit and it is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-
CRPs 1918 & 1919/2003 -:2:-
1 issue framed by the court
Whether the computation of additional compensation awarded by the lower court is fair and just, warranting interference by this Court.
KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY
LALITHA DAVID
M.N.KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
