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. 130 of 2009() --------------------- OPEA.61/2001 of DIST & SESSIONS COURT, ALAPPUZHA .................... REVN. PETITIONERS: PETITIONERS: --------------------------------- 1. SUNIL KUMAR, AGED 32 YEARS, S/O.LATE KAMALAN, PAYATTUM PARAMBIL HOUSE, THALAVADY THEKKUM MURI, THALAVADY VILLAGE, KUTTANADU TALUK. 2. MANOJ KUMAR, AGED 30 YEARS, S/O.LATE KAMALAN, PAYATTUM PARAMBIL HOUSE, THALAVADY THEKKUM MURI, THALAVADY VILLAGE, KUTTANADU TALUK. 3. SUNIMOL, AGED 28 YEARS, D/O.LATE VIJAYAMMA, PAYATTUM PARAMBIL HOUSE, THALAVADY THEKKUM MURI, THALAVADY VILLAGE, KUTTANADU TALUK. BY ADV. SRI.J.OM PRAKASH RESPONDENT: COUNTER PETITIONER: ---------------------------------- POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY ITS MANAGER, LOCAL OFFICE, AT NANGIARKULANGARA, HARIPPAD. ADV. SRI.MILLU DANDAPANI THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON 13/12/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J. ----------------------------------------------- C.R.P. No.130 of 2009 ----------------------------------------------- Dated 13th December, 2011. O R D E R This Civil Revision Petition is filed by the petitioners in O.P.(E.A.) No.61/2001 on the file of District Court, Alappuzha. The respondent herein was the first respondent in that O.P. 2. The revision petitioners filed O.P.(E.A.) No.61/2001 under Sections 10 and 16 of the Indian Telegraph Act, 1885 read with Section 51 of the Indian Electricity Act, 1910, claiming additional compensation towards cutting of trees and diminution in land value. The respondent/Corporation has drawn 220 KV double circuit transmission lines, which pass through the property owned by the revision petitioners herein in Thalavady Village. The petitioners claim that the compensation awarded is insufficient. The utility of the entire land is completely lost due to the drawing of the line. At the relevant time, the market value of the property was Rs.15,000/- per cent. Therefore, the petitioners are claiming Rs.1,64,638/- as additional compensation for trees cut and removed and diminution in land value. The respondent has fled detailed objection, contending that the compensation has been fixed C.R.P.130/09 2 based on the detailed valuation statement. The award is fair and reasonable and no interference is called for. Neither the land value has been diminished nor its utility has been decreased as a result of drawing of the electric line. Therefore, no scope for granting any enhanced compensation to the petitioners. On the side of the petitioners, 1st petitioner was examined as PW1 and Exts.A1 to A8 and C1 were marked. On the side of the respondent, Exts.B1 to B3 were marked. On the basis of the evidence adduced by the petitioner, the court below allowed additional compensation of Rs.7,883/- for yielding trees cut and removed. No amount was granted as additional compensation towards diminution in land value to the petitioners. Against the order disallowing the claim for compensation for diminution in land value, the petitioners in the O.P. filed this Civil Revision Petition. 3. Heard the learned counsel for the petitioners and the learned counsel for the respondent. 4. At the time of argument, learned counsel for the revision petitioners raised the following contentions : The court C.R.P.130/09 3 below ought to have considered the report of the Commissioner and found that the total extent of the property is fully lost to the petitioner. The court below ought to have found that the drawing of electric line has seriously affected the utility of the entire property of the petitioners. The court below ought to have found that the plot covered by Ext.A1 document is situated very near to the petitioners' property and is of similar nature. The court below ought to have found that the market value reported by the Commissioner is genuine and reasonable. The learned counsel for the respondent supported the order of the court below. 5. Learned counsel for the revision petitioners submitted that the land value shown in Ext.A1 sale deed dated 5.4.1999 is Rs.15,000/- per cent and the property involved in the present case is similarly situated. Therefore, on the basis of Ext.A1 sale deed, the land value of the property belonging to the revision petitioners can be assessed as Rs.15,000/- per cent. Due to the drawal of the electric line, the market value of the property of the revision petitioners having an extent of 5 C.R.P.130/09 4 cents, is diminished and the diminution in land value can be fixed as 40%. Calculating on that basis, revision petitioners are entitled to get Rs.30,000/- as compensation for diminution in land value. Accordingly, this Civil Revision Petition is allowed and the revision petitioners are allowed to realize a sum of Rs.30,000/- as compensation for diminution in land value, together with interest at the rate of 6% per annum from the date of O.P. till date of realization from the respondent. There is no order as to costs. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.