IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 CRP.No. 909 of 2006() ------------------------------ OPEA.345/2002 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER: IST RESPONDENT ------------------------------ POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS MANAGER. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: PETITIONERS ------------------------ 1. SAMUEL DANIEL, S/O.P.M.SAMUEL, GRACE VILLA, PALLARIMANGALAM MURI, OLAKETTIYAMBALAM, THEKKEKARA VILLAGE, REP. BY HIS POWER OF ATTORNEY HOLDER SISTER-IN-LAW MRS.ANNIE THOMAS, W/O.M.M.SAMUEL THOMAS, DO. DO. 2. JESSY DANIEL, W/O.M.S.DANIEL OF DO. DO. DO. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU THIS CIVIL REVISION PETITION HAVING BEN FINALLY HEARD ON 11/01/2008, ALONG WITH CRP. NO.20/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. Nos.909/2006 &20 OF 2008 ===================== Dated this the 11th day of January 2008 O R D E R Both the civil revision petitions are preferred against the award in O.P.(EA)No.345 of 2002 of the Addl.District Court, Alappuzha. By the said award, the court below awarded an additional compensation of Rs.1,41,262/-, i.e. Rs.96,262/- for the value of trees cut and Rs.45,000/- for diminution of land value. Aggrieved by the compensation awarded, contending that it is on the higher side, the Power Grid Corporation of India filed C.R.P.No.909 of 2006 and dissatisfied with the quantum of compensation the claimant has filed C.R.P.No.20 of 2008. The court below awarded the compensation mainly on the basis of the dictum laid down by a Full Bench of this Court in 2000(1) KLT 542, wherein this court held that 5% return has to be taken while awarding compensation. Learned counsel for the Power Grid Corporation would contend before me that there cannot be a uniform application of 5% return in the light of the decision of the Apex Court reported in 2007(3) KLT 1(SC). In that decision the Apex Court had held that each case has to be decided on the facts and CRPs.909/2006 & 20/2008 -:2:- circumstances of that case and had given the following guidelines. “The situs of the land, the distance between the high voltage electricity line laid thereover, the extent of the line thereon as also the fact as to whether the high voltage line passes over a small track of land or through the middle of the land and other similar relevant factors in our opinion would be determinative. The value of the land would also be a relevant factor. The owner of the land furthermore, in a given situation may lose his substantive right to use the property for the purpose for which the same was meant to be used. So far as the compensation in relation to fruit bearing trees are concerned, the same would also depend upon the facts and circumstances of each case”. 2. In the light of the above decision the matter requires reconsideration whether it is for the purpose of enhancement or for reduction. The court has to meticulously apply its mind to the facts of the case and the various points pointed out by the Apex Court in deciding the compensation. Suppose the line goes through the middle of the property and the property becomes incapable of being put into proper use on account of the same, then there will be difference of compensation in a case where the line goes through the side of the property and where the line goes through the middle of the property. These are all matters which require reconsideration. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the court below for fresh consideration by permitting the CRPs.909/2006 & 20/2008 -:3:- parties to adduce both documentary and oral evidence in support of their contentions and dispose of the matter on the basis of the enunciated principles laid down in 2007(3) KLT 1(SC). Parties are directed to appear before the court below on 22.2.2008. C.R.Ps are disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-