IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 CRP.No. 119 of 2008() --------------------- OPEA.744/2002 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER: RESPONDENT --------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS MANAGER. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: PETITIONER ------------------ ELIZABETH GEORGE, S/O.GEORGE, PADINJARE VEETTIL, THEKKEKKARA VILLAGE, OLAKETTIYAMBALAM, MAVELIKKARA. BY ADV. SRI.K.SASIKUMAR THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.119 of 2008 ------------------------------- Dated this the 1st September, 2008. O R D E R First respondent, Power Grid Corporation of India Ltd., filed the revision under Section 115 of Code of Civil Procedure challenging the enhanced compensation granted to the respondent-claimant in O.P.(E.A.) No.744 of 2002, by Additional District Court, Alappuzha, for drawing Kayamkulam- Edamon 220 KV electric transmission line through the property of the respondent in Sy.Nos.553/12-2 and 569/2 of Thekkekkara Village. Rs.49,454/= was awarded as compensation. Respondent received the same under protest. He filed a petition under Section 51 of Indian Electricity Act read with Section 16 of Indian Telegraph Act. Learned Additional District Judge based on Full Bench decision of this Court in Kumba Amma v. KSEB (2000 (1) KLT 542), granted enhanced compensation of Rs.35,946/= for the value of the trees cut. Finding that there was diminution of 30% of land value to the extent of 25 cents, a CRP.No.119 of 2008 2 compensation of Rs.22,500/= was granted for diminution of land value. It is challenged in this revision petition filed under Section 115 of Code of Civil Procedure. 2. Learned counsel appearing for the petitioner and respondent were heard. 3. Learned counsel appearing for the petitioner submitted that as enhanced compensation was granted based on Kumba Amma's case, which was later modified by the Apex Court in Livisha v. KSEB (2007 (3) KLT 1), the enhanced compensation is not sustainable. It was also pointed out that no commission was taken out and finding that 25 cents is injuriously affected is without any data and land value awarded is also excessive. There is force in the submission made. No evidence was adduced to prove the extent of the land which is injuriously affected by drawing of the electric line. Necessarily, further evidence is to be let in. In such circumstances, the impugned order is set aside. O.P.No.(Ele) No.744 of 2002 is remanded to Additional District Court, Alappuzha, for fresh CRP.No.119 of 2008 3 disposal, in accordance with law, after affording an opportunity to the parties to adduce evidence. Parties are directed to appear before the court below on 3.10.2008. CRP is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.