IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 CRP.No. 1153 of 2004() -------------------------------- OP(EA).200/1998 of ADDL.DISTRICT COURT,ALAPPUZHA. .................... REVN. PETITIONER: PETITIONER IN THE ABOVE OP (E.A.) ----------------------------- PATHROSE DEVASIA, THEKKEVALLIATHARA VEETTIL, AROOR VILLAGE, CHERTHALA. BY ADV. SRI.A.KRISHNAN RESPONDENTS: Cr.PETITIONER IN ABOVE O.P.(E.A.) ---------------------- THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, KSEB, TRIVANDRUM. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== C.R.P. No.1153 OF 2004 ===================== Dated this the 11th day of January 2008 O R D E R When the civil revision petition came up for admission, heard both sides. This revision petition is preferred against the award of the Addl.District Court, Alappuzha in O.P.(EA)No.200 of 1998, whereby the court below has awarded an enhanced compensation of Rs.4,800/-. It is seen from the award that 2 yielding coconut trees, 3 coconut saplings, 11 poovarasu, 2 jack fruit trees, 3 arecanut trees and certain other trees totalling 24 trees were cut and removed from the petitioner's 10 cents of property for the purpose of Aroor-Mararikulam 110 KV electric line. So far as the claim of enhancement of trees cut it appears from the evidence of PW1 that he insists more for diminution of land value rather than the trees cut. Therefore the court confined its enquiry into that aspect. There was a Commissioner. He submitted Exts.C1 and C2 report and mahazar. I am informed that 10 cents is a house and compound where trees are also planted. The court below has fixed the land value at Rs.4,000/- per cent, considered the affected area as 4 cents and applied diminution of land CRP 1153/2004 -:2:- value at 30% and awarded a compensation of R.4,800/-. Considering the number of trees that had been cut and removed and the extent involved it appears that there had been thick cultivation which indicates the initiative of the petitioner for cultivation. It is true that when a 110 KV line is drawn one cannot have trees which becomes tall to be cultivated. The court below found that the market value of the property can be fixed at Rs.4,000/- and diminution of land value can be given for 4 cents at 30%, I think it is slightly on the lower side. Considering the place where the land is located, I fix the cent age value at Rs.6,000/- and extent of the land involved as 5 cents and when it is taken in that angle, the amount which the claimant will be entitled to Rs.7,200/- instead of Rs.4,800/-. Therefore, I modify the award of the Addl. District Judge and refix the amount at Rs.7,200/- with 9% interest from the date of cutting of trees till realisation. C.R.P is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-