IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 CRP.No. 653 of 2008() --------------------- OP(ELE).86/2005 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER/PETITIONER: ---------------------------------------------- 1. CHANDRAKANTHAN, S/O. KUNJU, PULIPARAMBU HOUSE, AROOR VILLAGE, CHERTHALA, ALAPPUZHA. 2. VASANTHY, W/O. CHANDRAKANTHAN. -DO- -DO- BY ADV. SRI.SABU GEORGE RESPONDENT/RESPONDENT: --------------------------------------- THE KERALA STATE ELECTRICITY BOARD REP.BY ITS SECRETARY, VIDYUTH BHAVAN, THIRUVANANTHAPURAM. ADV. SRI. PULIKOOL ABOOBACKER, SC, KSEB ASOK M.CHERIYAN, SC, KSEB THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2011, ALONG WITH CRP. 759/2008 THE COURT ON 13/12/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J. ----------------------------------------------- C.R.P. Nos.653 & 759 of 2008 ----------------------------------------------- Dated 13th December, 2011. O R D E R C.R.P.653/2008 is filed by the petitioners in O.P.(Ele) No.86/2005 on the file of Additional District Court, Alappuzha and C.R.P.No.759/08 is filed by the respondent/KSEB in that O.P., which was filed by the petitioners under Section 16 of the Indian Telegraph Act read with Section 51 of the Indian Electricity Act. 2. The case of the petitioners in O.P.(Ele) 86/2005 is briefly as follows : The respondent cut and removed certain trees from the property of the petitioners in Sy.No.15/1 of Aroor Village in Cherthala Taluk for drawing Aroor-Kalamassery 110 KV high tension line over the property, for which a compensation of Rs.12,091/- was awarded, which they received under protest. Challenging the award as illegal and unreasonable, this petition has been filed seeking additional compensation for the trees cut and also claiming compensation for diminution in land value. The respondent filed objections contending that adequate compensation was awarded taking into consideration all relevant aspects and hence no additional C.R.P.653 & 759/08 2 amount is payable under any head. 3. In the Additional District Court, Exts.A1, A2 and B1 were marked. The learned Additional District Judge, on considering the evidence, awarded Rs.8,898/- as enhanced compensation for the yielding trees cut and removed and Rs.18,000/- as compensation for diminution in land value and thus, in total Rs.26,898/- was awarded as enhanced compensation together with 6% interest from the respondent, from the date of cutting of the trees till realization. Against that order, the respondent filed C.R.P.759/08 and the petitioners filed C.R.P.653/08, claiming additional enhanced compensation towards diminution in land value. 4. Heard both sides. 5. The main dispute is with regard to the compensation awarded towards diminution in land value. The petitioners in O.P.86/05 produced Ext.A1, which is a copy of sale deed No.1586/06 dated 12.6.2006, by which M/s.Malayala Manorama Company Limited purchased 6 cents of property in survey No.419/3/3 in Aroor Village for Rs.14,00,000/-. The C.R.P.653 & 759/08 3 learned Additional District Judge, taking into consideration Ext.A1 sale deed, assessed the market value of the property of the petitioners as Rs.20,000/- per cent. The revision petitioners in C.R.P.653/08 produced a copy of the order of this Court in C.R.P.485/10 and C.R.P.23/11 dated 27.7.2011, in which, this Court, based on Ext.A1 assignment deed assessed the market value of the land in that case as Rs.40,000/- per cent. Relying on that judgment, I fix the land value in this case as Rs.40,000/- per cent, which is also lying near to that property. The area injuriously affected by the drawal of 110 KV line is assessed as 3 cents by the learned Additional District Judge. There is no evidence to show that more extent of property is injuriously affected. Therefore, 3 cents can be taken as the area injuriously affected. 30% assessed by the Additional District Judge can be taken as the percentage of injurious affection. Calculating on that basis, the total compensation for diminution in land value is Rs.36,000/-. Deducting Rs.18,000/- already awarded towards compensation for diminution in land value, the petitioners in O.P.86/05 are entitled to get Rs.18,000/- more C.R.P.653 & 759/08 4 as enhanced compensation for diminution in land value. Accordingly, C.R.P.653/08 is allowed and the petitioners in O.P.86/05 on the file of the Additional District Court, Alappuzha are allowed to realize a sum of Rs.18,000/- more as enhanced compensation for diminution in land value together with interest at the rate of 6% per annum from the date of the Original Petition till realization from the respondent. C.R.P.759/08 is dismissed. There is no order as to costs. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.