IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 CRP.No. 284 of 2008() --------------------- OP(ELE.)78/2000 of FIRST ADDL. DISTRICT COURT, KOLLAM .................... REVISION PETITIONER(S): RESPONDENTS -------------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM. 2. ASST. EXECUTIVE ENGINEER, E.M.S., K.S.E.BOARD, KUNDARA. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): --------------- 1. GOPALAKRISHNAN, S/O.PARAMU VILAYIL VEEDU, PALACE WARD, KOLLAM. 2. SATHI KUMARI, W/O.GOPALAKRISHNAN, VILAYIL VEEDU, PALACE WARD, KOLLAM. ADV. SRI.B.MOHANLAL FOR R.1,2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- C.R.P. No.284 of 2008 -------------------------------------- Dated this the 24th day of October, 2008. ORDER Heard both sides. 2. Respondent in O.P.(Ele.) No.78 of 2000 of the court of First Additional District Judge, Kollam has come up in revision challenging the order dated 31.1.2006 awarding compensation of Rs.20,400/- with interest and cost. 3. Revision petitioner has installed a 100 KVA transformer in the property of the respondent. Claiming additional compensation, respondent filed O.P.(Ele.) No.78 of 2000. Learned counsel for revision petitioner contended that though only 5.85 ares (corresponding to 14.4. cents) of land belonging to the respondent was used for installation of the transformer, the award under challenge would show that compensation for diminished land value was allowed for a total of 17 cents, at the rate of 30% of the land value (of Rs.4,000/-) which came to Rs.20,400/-. 4. In all fairness, counsel for respondent conceded that in the claim petition the extent of land affected and stated is only 5.85 ares. This is so stated in paragraph 2 of the award also. It would appear that the entire property belonging to the respondent as per Exts.A1 and A2 is 17 cents and taking that total extent learned Additional District Judge calculated compensation for diminished land value. Respondent is entitled to get compensation for CRP No.284/2008 2 diminished land value only for the 5.85 ares. 5. There is no challenge to the rate of diminished land value fixed by the court below. Therefore, respondent is entitled to get compensation for diminished land value for 5.85 ares at the rate of 30% of the land value of Rs.4,000/- (i.e., Rs.1,200/- per cent). The total amount of compensation which the respondent is entitled to get comes to Rs.17,339/- which is rounded at Rs.17,340/-. Respondent will also get interest on the said amount and cost as awarded by the learned Additional District Judge. This Revision Petition is therefore, allowed in part in the following lines:- (1) Respondent is allowed to realize Rs.17,340/- (Rupees Seventeen thousand three hundred and forty only) as compensation towards diminished land value with interest at the rate of 7.5% per annum from the date of application (21.8.2000) till realization and cost of Rs.500/-. (2) Petitioner shall deposit the amount in the court below within two months from this day. (3) Parties shall suffer their costs in this proceedings. I.A.Nos.1230 & 2250 of 2008 will stand dismissed. THOMAS P.JOSEPH, JUDGE. cks