IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 CRP.No. 476 of 2005() --------------------- OPEA.310/2002 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER: ------------------ POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS MANAGER. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ------------- SUKUMARAN, NEDUNTHARAYIL, BHARANICKAVU P.O., KATTANAM VILLAGE. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------- C.R.P. No. 476 OF 2005 -------------------------- Dated this the 8th August, 2008. O R D E R First respondent in O.P(EA)310/02 on the file of the Additional District Judge, Alappuzha is the revision petitioner. The respondent is the petitioner in the said original petition. The court below passed an award allowing the petitioner to realise from the counter petitioner a sum of Rs.23,412/- with interest at the rate of 6% per annum from the date of cutting of trees till realisation. This order is under challenge in this revision petition. 2. For the purpose of drawing Kayamkulam-Edamon 220 k.v. Electric line the second respondont in the O.P cut and removed certain trees from the property belonging to the claimant. The Board awarded a total compensation of Rs.16,818/-. The petitioner was examined as P.W.1 and Exts.A1 to A7 were marked. For want of sufficient evidence the court below concluded that there is nothing on record to show the yield, age etc. of the trees cut and removed and that the details shown in the mahazar are not correct. The court below had also taken note of the fact that as C.R.P.NO: 476/05 2 P.W.1 the petitioner admitted that the details shown in the mahazar are correct. The court below also held that the amount awarded by the electricity board is not adequate for the reason that they did not adopt the factor on the basis of 5% prepared following the decision reported in Kumba Amma v. K.S.E.B. {2000(1) KLT 542 F.B}. Following and applying the principles as laid down by this Court, the court below held that the petitioner is entitled to additional compensation of Rs.12,612/- towards the trees cut and removed. The court below also revised the centage value of the property finding that a portion of the property is completely used and unfit for cultivation and determining the area affected as six cents. The percentage of diminishing ultility was worked out as 30. The land value is refixed at the rate of Rs.6,000/- per cent. Thus the court below held that the claimant is entitled to Rs.10,800/- towards diminished utility of land value. The total amount awarded as enhanced compensation is Rs.23,412/-. For the reasons stated by the reference court for granting additional compensation, it is just and proper that on the basis of the materials on record the compensation awarded under the two heads is reasonable and not excessive. No grounds are made out C.R.P.NO: 476/05 3 by the revision petitioner to take a contrary view in the given circumstances. In the result the civil revision petition is without any merit and is therefore dismissed. There will be no order as to costs. HARUN-UL-RASHID, JUDGE jj