IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 CRP.No. 957 of 2004(D) --------------------- OP.(ELE)NO.4/1999 of ADDL.DISTRICT COURT (ADHOC-II), ERNAKULAM .................... REVN. PETITIONER/ADDL.PETITIONER NO.2 -------------------------------------- JUDE JOSE, S/O. LATE N.T.JOSE, NEDUNILATH HOUSE, OPPOSITE P.S.HOSPITAL MARADU P.O., REPRESENTED BY SPECIAL POWER OF ATTORNEY HOLDER: O.C.RAPHEL, S/O. O,.R.CHUMMAR, OLAPRATH HOUSE, KUTTAN LANE, PULLEPPADY CROSS ROAD ERNAKULAM, KOCHI. BY ADV. SRI.T.K.KOSHY RESPONDENT/RESPONDENT NO.1 ---------------------------- THE KERALA STAE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VAIDYUTHI BHAVAN, PATTOM, TRIVANDRUM-14. BY ADV. SRI.K.R.SADASIVAN NAIR SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008, ALONG WITH CRP NO. 1097 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NOs. 957 OF 2004 & 1097 OF 2007 = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008. O R D E R These revision petitions are preferred against the award of the Addl. District Judge, Ernakulam in O.P.(Ele.)4/99. C.R.P.957/04 is filed by the claimant and the other C.R.P. is filed by the K.S.E.B. On a consideration of the entire materials the Addl. District Judge awarded an additional compensation of Rs.4,51,032/- with 10% interest and costs. Dissatisfied with the quantum the legal representatives of the claimant had moved the application and complaining about the excess amount awarded the 1st respondent has filed the other revision. A few facts are necessary for proper evaluation of the matter. The property belonging to the revision petitioner was taken by the K.S.E.B. for the purpose of erecting a tower and they fixed the compensation at Rs.4,700/- which was received in protest by the claimants and thereafter the matter reached the Court for consideration. CRP NOs. 957/04 & 1097/08 -:2:- 2. The manner in which the compensation has been calculated is dealt with in the award. The Court below found that for the purpose of erecting the tower an extent of 3.6 cents had been fully utilized and for the construction of the revetment of the tower an extent of 9.683 cents had been used. The Court below found that the claimant is entitled to 100% compensation for 3.6 cents and 90% for 9.683 cents. The Court also found that the area is situated within the close proximity of the metropolitan city and the Corporation area of Kochi and the Court also took note of the fact that the Lakhore Hospital, Gulfar Convention Centre and the various commercial establishments are located within one kilometer of the property. It was contended that the market value of the property during 1991 was Rs.50,000/- per cent. A document Ext.A6 sale deed, i.e., document No.496/93 of the Maradu Sub Registry office was produced. The Court found that the market value of the property though not cannot be fixed at Rs.50,000/- the Court fixed the market value at Rs.18,000/-. The Court held that Ext.A6 can be relied upon CRP NOs. 957/04 & 1097/08 -:3:- to give a picture regarding the locational importance of the property in the area and the market value of the property. Therefore taking note of the situation and the materials available the Court fixed the centage value at Rs.18,000/- which is based on well founded materials. 3. The Court further held that 26.43 cents also had been affected on account of the drawl of the line. It is found by the Commissioner that 26.43 cents of land comes under the power line pathway. Mention has also been made in the report that area of the land as such was found to be waste land the Court below held that since the utilitarian value of the above extent has been sizably slashed down on account of the drawl of the line and as the land is situated in a very important locality it has affected the value of the property and therefore held that at least 40% of the diminution in land value has to be granted for the said 26.43 cents as well. Out of the 26.43 cents the Court found that 3.34 cents close to the proximity to the revetment another 3.34 cents on the eastern portion of the tower area is also affected and that has CRP NOs. 957/04 & 1097/08 -:4:- already been taken note of by the Court. Therefore the Court fixed the rate of diminution in land value at 40 percentage taking into consideration the affected area and arrived at a compensation of Rs.4,98,033/- and thereafter deducted Rs.47,001/- as it is given as a compensation and awarded the balance of Rs.4,51,032/-. A perusal of the award will convincingly establish that each aspect has been considered meticulously and applied the correct legal principles and even the guidelines given by the Apex court in Kumba Amma v. K.S.E.B. (2000(1) KLT 542) regarding the situs of the land etc. has been taken note of by the Court and a decision is arrived at only on the said basis. Therefore I do not find any ground to interfere with the award passed by the Court below and therefore both the revision petitions lack merit and they are dismissed. M.N. KRISHNAN, JUDGE. ul/-