IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 CRP.No. 905 of 2006() --------------------- ELEOP.140/1998 of ADDL.DISTRICT COURT (ADHOC)-II, ERNAKULAM .................... REVN. PETITIONER: RESPONDENT ---------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENTS: PETITIONER ----------------------- MR.JACOB KURIAN, S/O.LATE KURIAN, AGRICULTURIST, RESIDING AT MELEDOM HOUSE, PAZHUR MURI, PIRAVAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. R1B BY ADV. SRI.A.N.KUTTAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. No.905 OF 2006 ===================== Dated this the 24th day of January 2008 O R D E R This revision petition is preferred against the award of the Addl.District Court(Adhoc-II), Ernakulam in O.P.(Ele.)No.140 of 1998. By the said award, the learned Addl.District Judge has awarded an additional compensation of Rs. 28,000/- for the diminution of land value. 2. Heard both sides. I had perused the award. It will show that the property was the premises of a factory in existence and that it is located at a distance of 180 metres from the Ernakulam-Piravom main road. The Commissioner has filed a report and it makes very clear that the electricity transmission line covers a length of 180 feet away from the compound wall towards the north and an extent of about 20 feet wide area has been adversely affected. According to the Commissioner, the affected land which is rendered useless can be 8 to 10 cents. The market value of the property has been considered on the basis of Ext.A4 sale deed after giving necessary allowance with regard to the date of the document and considering the importance of the locality, the court has fixed the value at CRP 905/2006 -:2:- Rs.7,000/- per cent. It had taken into consideration 10 cents of property as the affected land and considering the existence of a transformer and being the premises of the factory fixed the diminution of land value at 40% and awarded a total compensation of Rs.28,000/-. The award passed by the learned District Judge comes very well within the parameters of the guidelines given by the Apex Court in the decision reported in KSEB v. Livisha(2007(3) KLT 1(SC). The District Judge has considered each and every aspect before passing the award. There is no illegality or irregularity in the decision taken by the learned District Judge. Therefore C.R.P lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-