IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 CRP.No. 1310 of 2004(E) ---------------------------------- O.P.144/1998 OF DISTRICT COURT, PALAKKAD .................... REVN. PETITIONER/ PETITIONER: ------------------------------------------------ K.VIJAYA BHASKARAN, S/O.PARAMESWARAN NAIR, VIJAYA MANDIRAM, KOYYAMARAKKAD P.O., KANJIKODE, PALAKKAD. BY ADV. SRI.TOM K.THOMAS. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. 2. THE ASSISTANT EXECUTIVE ENGINEER, SUB STATION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, VENNAKKAR, PALAKKAD. 3. THE DEPUTY TAHSILDAR (LA), KERALA STATE ELECTRICITY BOARD, MALAPPURAM. 4. THE DEPUTY COLLECTOR (LA), KERALA STATE ELECTRCIITY BOARD, CALICUT. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 1310 OF 2004 = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. O R D E R This revision petition is preferred against the award of the Addl. District Judge, Palakkad in O.P.(Ele.)144/98 whereby the Court below has awarded an enhanced compensation of Rs.67,000/- as additional compensation. The basis for the calculation is that the total area occupied by the tower in the property is 2 cents for which the Court calculated the value at the rate of Rs.20,000/- per cent and awarded an amount of Rs.40,000/-. The Court also found that the area affected by drawing the line across the property is 55 feet x 22 feet and calculated it as 2.7 cents for which the diminution in land value is 50% and therefore granted Rs.27,000/- as compensation for the said property and thereby totally awarding a compensation of Rs.67,000/-. 2. The learned counsel for the revision petitioner submits before me that the area involved is a residential area C.R.P. NO. 1310 OF 2004 -:2:- and on account of the drawl of the line and the installation of the tower in the property much loss has been occasioned to the property and the property cannot be put to proper use and the resale value of the property was considerably and badly affected on account of the existence of the tower and therefore the area taken for loss of diminution of land value is totally incorrect and further the percentage of diminution in land value granted is also incorrect. Recently the Apex Court has held that in cases of this nature normally the location of the property, the factum of passing of the line through the property are all material points. For example, a line passes through the middle of the property or right over the residential property, it will be causing more damage than in other cases. These aspects have not been considered in the proper perspective by the Court below and therefore I feel an opportunity has to be given to the revision petitioner to establish his case in the light of the principles laid down by the Apex Court. Therefore, the award under challenge is set aside and the matter is remitted back to the Court below for C.R.P. NO. 1310 OF 2004 -:3:- fresh consideration and the Court below is also directed to permit both sides to adduce both documentary as well as oral evidence in support of their respective contentions and decide the case afresh. The parties are directed to appear before the Court below on 25.2.08. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-