IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 CRP.No. 131 of 2005(A) ---------------------- OPEA.148/2002 of ADDL.DISTRICT COURT,KOTTAYAM .................... REVN. PETITIONER/ PETITIONER: -------------------------------- K.V. THOMAS, S/O. VARKEY, AGED 77 YEARS, KUNNATH HOUSE, PLASSANAL MURI, THALAPPALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT/COUNTER PETITIONERS: ----------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. SPECIAL DEPUTY TAHSILDAR (LAND ACQUISITION) FOR KERALA STATE ELECTRICITY BOARD, KOTTAYAM. ADV. SRI.N.N.SUGUNAPALAN, SC, KSEB FOR R1 SRI.S.SUJIN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.131 OF 2005 ---------------------------- DATED THIS THE 31ST DAY OF JULY,2009 O R D E R This Court by order dated 8/4/2009 permitted the legal heir of the deceased petitioner to file necessary application for impleading. 2. The Additional, District Judge, Kottayam reported that the revision petitioner expired on 13/11/2006. The legal heir of the deceased revision petitioner was not brought on record by filing any impleading petition. This Court partly allowed the CRP by order dated 5th January, 2009 without notice of the death of the revision petitioner. Subsequently, this Court received a communication dated 31/3/2009 from the Additional District Court, Kottayam. In the light of the said communication this Court adjourned the case to 8/4/2009 for enabling the legal heir impleaded to file necessary application to implead, to review etc. -2- CRP.No.131/2005 But, till date no application is seen filed by the legal heir of the deceased revision petitioner. In the result, the order passed on 5/1/2009 is recalled and the C.R.P. is dismissed for default. HARUN-UL-RASHID, Judge. kcv. -3- CRP.No.131/2005 HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.131OF 2005 ---------------------------- DATED THIS THE 5TH DAY OF JANUARY,2009 O R D E R The claimant is the revision petitioner. By the impugned order the court below awarded an amount of Rs.60,345/-as the enhanced compensation with interest at 6% per annum. 2. The learned counsel for the revision petitioner submitted that the amount fixed as compensation for diminution in land value and loss of utility of land for the land affected by drawing of the line is very low and therefore considering the fact that the line was drawn for a length of 275 feet and having a width of 80 feet, the court below held that the affected area is 45 cents. The court below fixed 10% of the market value towards compensation for diminution in land value, which requires modification. In all the similar cases, the court below fixed 30% -4- CRP.No.131/2005 of the market value towards the compensation for diminution in land value. For the abovesaid reasons, the percentage is re-fixed at 30%. Therefore, the petitioner is entitled to additional compensation of Rs.36,000/- (Rs.54000-18000= 36,000). The award is modified accordingly. C.R.P. is allowed partly. There will be no order as to costs. Sd/- HARUN-UL-RASHID, Judge. kcv. -5- CRP.No.131/2005