IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 CRP.No. 1124 of 2007(D) ----------------------------------- O.P (ELE).NO.43/1998 OF I ADDL. DISTRICT COURT, KOLLAM. .................... REVN. PETITIONER/ 1ST RESPONDENT: --------------------------------------------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS CHIEF MANAGER. BY ADV. SRI.MILLU DANDAPANI. RESPONDENT/ PETITIONER: ------------------------------------------ MOIDEEN BAVA RAWTHER, SABEENA MANZIL, MALOOR P.O., PATTAZHY VADAKKEKARA VILLAGE, PATHANAPURAM. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. No.1124 OF 2007 ===================== Dated this the 28th day of January 2008 O R D E R This revision petition is preferred against the award of the I Addl.District Court, Kollam in O.P.(Ele.)43 of 1998 whereby the court below has awarded an additional compensation of Rs.1,03,178/- with 7.5% interest. Learned counsel for the revision petitioner challenges the award on three grounds ; viz:(1) the yield taken per tree is not on proper basis, (2) the multiplier taken also is not based on relevant data and (3) the diminution of land value is also without applying the principles. It is true that all the details necessary are not seen in the award. But a perusal of the award would reveal that 139 trees had been cut and removed from the property. They were all yielding rubber trees. The court below considered that there will be 10 kgs of rubber available from 139 trees per day and when tapping is done for 130 days it will come to 1300 kgs. The court below has fixed the value of the rubber at Rs.35 per kg and thereafter arrived at Rs.49,000/- as the total income derived. The court deducted 25% for maintenance and arrived at the figure of Rs.25,594/- as the annual income. It is true that the CRP 1124/2007 -:2:- age of the tree is not explicitly mentioned in the award. But the court below has taken into consideration the Commissioner's report and only on the basis of that data it has taken the multiplier as 8.33. The petitioner's averment is that there will be 200 tapping days and the high yield, etc. has not been accepted by the court below. Considering the number of rubber trees, I feel the yield taken is only proper. The multiplier certainly had been only on the basis of the Commissioner's report and therefore I do not find anything to interfere with that point. 2. So far as the diminution of land value is concerned, admittedly 139 rubber trees had been cut and removed from the property. In that area through which the line is drawn high yielding trees cannot be cultivated. The only trees which will grow to an average height can be planted. Therefore the court's finding that Rs.25,000/- has to be given as diminution of land value cannot be considered as exorbitant under any stretch of imagination. Therefore on a total reading of the award I find that the court has applied its mind and had arrived at a correct decision. There is no legal infirmity in the order passed by the District Court. Therefore C.R.P. Lacks CRP 1124/2007 -:3:- merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-