IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 CRP.No. 275 of 2008() ------------------------------- OP(ELE).247/2002 of ADDL.DISTRICT COURT-I,MAVELIKKARA .................... REVN. PETITIONER(S): PETITIONERS. --------------------------------- 1. UMMERKUTTY (DIED), PERAYIL HOUSE, (ERUVELIL), THAMALLACKAL. 2. HAJRA BEEVI, W/O. UMMERKUTTY, PERAYIL HOUSE, (ERUVELIL), THAMALLACKAL. 3. RAFEEKA BEEVI, D/O. UMMERKUTTY, -DO- . 4. RASHEEDA BEEVI, D/O. UMMERKUTTY, -DO-. 5. ARIFA BEEVI, D/O. UMMERKUTTY, -DO- . 6. JAMEELA BEEVI, D/O. UMMERKUTTY, -DO-. 7. ABDUL RAHIM, S/O. UMMERKUTTY, -DO-. 8. ABDUL RAHMAN, S/O. UMMERKUTTY, -DO-. 9. RAMLA BEEVI, D/O. UMMERKUTTY, -DO-. 10. RASEENA BEEVI, D/O. UMMERKUTTY, -DO-. BY ADV. MR.RASHEED C.NOORANAD RESPONDENT(S): RESPONDENTS. --------------------------- POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY ITS GENERAL MANAGER, TRANSMISSION SYSTEM OFFICE, CHOOLATHERUVU, KAYAMKULAM. R1 BY ADV. MR.MILLU DANDAPANI THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. BHAVADASAN, J --------------------------- C.R.P.No. 275 OF 2008 ----------------------------------- Dated this the 30th day of March, 2010 O R D E R Dissatisfied with the award of the District Court, Mavelikkara in O.P.(Ele.)247/02, claimant before the court below has come up in revision. 2. Respondent, Corporation utilised portion of the property belonging to the petitioner for drawing 220 KV line. In the process they cut and removed certain trees standing in their property. Corporation awarded a compensation of Rs. 5,194/-. Complaining that the compensation is inadequate they approached the District Court. 3. Before the District Court, A1 to A4 were marked. After considering the materials before the Court below, the lower court enhanced the compensation to Rs.7,422/- with 6% interest from 31.5.2002 till payment. The court below had granted Rs.3,000/- for diminution in land value. The petitioners are aggrieved by that enhanced compensation so awarded. 4. Before this court, it is pointed out that the enhanced C.R.P. No.275/08 2 compensation given is insufficient and inadequate. Emphasis was laid on compensation given on diminution in land value which the petitioners say is too meagre. According to them the extent of property taken, value of property taken are too inadequate and insufficient. They also say that compensation for trees cut and removed are far less than what they are entitled to. 5. The learned counsel appearing for the respondent pointed out that the corporation has granted adequate compensation. Whatever that be the court below has enhanced the amount by Rs.7,422/- which is on the higher side. No further enhancement is warranted. 6. On going through the records it is felt that the enhanced amount granted for the trees cut and removed is adequate and requires no interference. Towards diminution in land value the court below have taken three cents and value of land taken Rs.5,000/- and diminution in land value as 20%. 7. Considering the fact that 220 KV line has been drawn through the property, the diminution percentage should at least 30%. it is also noticed that the area where the property is situated has some commercial importance. The price of land taken as Rs.5,000/- seems to be less and reasonable value would C.R.P. No.275/08 3 be Rs.7,000/-. Diminution in land value workout to Rs.7,000 x 30/100 x 3 = 6,300/- . Amount of Rs.3,000/- has already been granted. The enhanced amount assessed by the court below has already been deposited on 15.11.2007. Balance amount due is Rs.3,300/-. The petitioner is entitled to that additional amount by way of diminution in land value. It is held that the petitioner is entitled to an additional amount of Rs.3,300/- with 6% interest from the date of petition till payment. P. BHAVADASAN, JUDGE. Sou.