IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 CRP.No. 529 of 2005(F) ---------------------- OPELE.44/1999 of ADDL.DISTRICT COURT, ,ALAPPUZHA. .................... REVN. PETITIONER: ------------------------------ 1. SYAMALA DEVI, D/O. DEVAKY AMMA, VLIYIL MADATHIL, CHARAMANGALAM, CHERTHALA. 2. PREMA, D/O. SYAMALA DEVI, DO. DO. BY ADV. SRI.K.K.RAMACHANDRAN PILLAI SMT.R.LEKSHMI RESPONDENTS: CR.PETITIONER: --------------------------- THE KERALA STATE ELECTIRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- C.R.P.NO.529 OF 2005 -------------------------------- Dated this the 18th day of August,2008 O R D E R Raman,J. For the purpose of drawing Mararikulam-Aroor 110 KV line the Electricity Board (respondent herein) cut and removed 17 numbers of trees standing in the property belonging to the petitioners and an amount of Rs.14,811/- was awarded towards compensation. Dissatisfied with the compensation awarded petitioners preferred O.P.(Ele.) No.44/99 seeking further enhancement. The court below found that the petitioners are entitled to get enhanced compensation of Rs.24,080.85 rounded to Rs.24,081/- with interest at 6% from the date of cutting of the trees till payment. Dissatisfied with the order passed and claiming more amount than awarded this revision is preferred. Admittedly, the Electricity Board has drawn the line through the property belonging to the petitioners. The property is situated very near to the National -2- C.R.P.No.529/2005 Highway. The utility of the property has been seriously affected, since the petitioners are not in a position to put up any structure in the property over which the Electricity Board has drawn the line through the middle of the property. The court below has fixed only 10% by way of diminution in utility. 2. We have heard both sides and we find that a minimum of 40% towards diminution in utility ought to have been fixed by the court below. Accordingly, in the place of 10% as awarded we grant 40% as diminution in utility. The property ;is situated in a potential area as borne out by evidence. Various public institutions are situated nearby. The Commissioner found that the market value of the property is between Rs.15,000/- and Rs.17,000/-. The petitioners have produced a document to show that the property would fetch at least Rs.25,000/- per cent. Ext.A1 document shows that 8.5 cents of property and a building therein valued at Rs.3,10,000/- and the value of the property alone is shown as Rs.2,10,000/-. The court below found that the market value will -3- C.R.P.No.529/2005 work out at Rs.24,705/-. That property is only 600 mts. away from the petitioners' property. 3. In the circumstances, we find that the land value fixed at Rs.4,000/- per cent is too low and the court below ought to have fixed at least an amount of Rs.10,000/- per cent as the land value. Likewise, the interest awarded is only 6%. Normally, the interest awarded in similar matters is 8%. Hence, we allow 8% interest on the enhanced compensation. Revision is allowed as above modifying the order passed by the court below. The matter is remanded for re-calculating the amount as shown above. Revision is allowed as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.