IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 CRP.No. 644 of 2008() --------------------- (AGAINST THE ORDER DATED 26/02/2008 IN OP(ELE.) 83/2005 of ADDL.D.C., ALAPPUZHA.) .................... REVN. PETITIONER: RESPONDENT ---------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENTS: PETITIONER ----------------------- THRESSIA, W/O.GEORGE, CHERIYATHARAYIL, AROOR VILLAGE, CHERTHALA. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.644 of 2008 ------------------------------- Dated this the 3rd September, 2008. O R D E R Petitioner, Kerala State Electricity Board, is challenging the enhanced compensation awarded by Additional District Court, Alappuzha, in O.P.(Ele.) No.83 of 2005, for drawing Aroor-Kalamassery 110 KV high tension line through Survey No.412/1A2-10 of Aroor village, belonging to the respondent. A compensation of Rs.2295/= was awarded being the value of trees cut from the property. Respondent received the same under protest and filed a petition under Section 16 of the Indian Telegraph Act read with Section 51 of the Indian Electricity Act. Respondent contended that by drawing the line, there is diminution of land value for which no compensation was awarded, and, therefore, she is entitled to get enhanced compensation. Petitioner resisted the claim contending that fair and reasonable compensation was awarded. Learned District Judge, as per the impugned award, on the evidence of PW.1, CRP.No. 644 of 2008 2 Exts.A1 and B1, granted an enhanced compensation of Rs.12,000/= for the diminution of land value finding that the land value to an extent of 2 cents was dimished to an extent of 30% and fixing the land value at Rs.20,000/= per cent. Additional compensation of Rs.1960/= was awarded for the value of the trees cut. Award is under challenge in this petition contending that learned District Judge was not justified in granting enhanced compensation for diminution of land value, when there is no evidence to prove that fact. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that respondent did not take out a commission and there is no evidence to prove that land value to the extent of 2% was diminished and in any case, when it is found that Ext.A1 sale deed cannot be relied on to fix the land value, land value could not have been fixed at Rs.20,000/= per cent without any basis. CRP.No. 644 of 2008 3 4. On hearing the learned counsel and on going through the impugned award, I do not find any illegality or irregularity warranting interference. For the trees cut, learned District Judge enhanced the compensation only by Rs.1960/=, and that too, based on Ext.B1 data furnished by the KSEB. I do not find any reason to interfere with that finding. With regard to the diminution of land value, though commission was not taken out, when Ext.B1 establishes that number of trees were cut and 110 KV electric line is drawn over the property, it cannot be said that there will not be any diminution of land value at all. Learned District Judge has only granted diminution of land value for an extent of two cents. So also, only a fair and reasonable land value was adopted. In such circumstances, the revision petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.