IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 CRP.No. 675 of 2006() --------------------- OPEA.148/1997 of ADDL. DISTRICT COURT, ALAPPUZHA. .................... REVN. PETITIONER/ PETITIONER -------------------------------- TONY THOMAS, PAVUMMACHIRAYIL, AROOR VILLAGE, CHERTHALA. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT/ COUNTER PETITIONER ---------------------------------- KERALA STATE ELECTRICITY BOARD, REP. BY IT'S SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.THAJUDEEN SC FOR KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NOS. 675 & 173 OF 2006 ---------------------------- DATED THIS THE 5TH DAY OF JANUARY,2009 O R D E R The claimant in O.P.(E.A.) No.148/97 is the revision petitioner and the respondent in C.R.P.Nos.675/2006 & 173/2006 respectively. The court below held that in the absence of acceptale evidence, the claim for enhancement of compensation for cutting of trees is not allowable. Regarding the claim for diminution in land value, the Commissioner has reported that 5.14 cents of land is injuriously affected. The claimant has a case that altogether 12.74 cents of land is affected, which was not accepted by the court below. Regarding the market value of the land, the Commissioner has considered Ext.A2 sale deed and reported that the market value in the locality will come to Rs.49,000/- per cent. The court below did not accept the market value shown by the Commissioner and fixed the compensation at the rate of Rs.12,000/- per cent. -2- CRP.Nos.675 & 173/2006 2. After hearing the learned counsel on both sides, I am of the view that the fixation of market value at the rate of Rs.12,000/- per cent is inadquate. In the light of the Commissioner's report and taking into account the importance of the locality and the value shown in Ext.A1 and A2, I am of the view that the reasonable market value can be taken aps Rs.18,000/-. Therefore, the petitioner in C.R.P.No.675/2006 is entitled to an additional compensation of Rs.9,252/- towards diminution in land value. The award passed by the court below is modified accordingly. C.R.P.No.675/2006 is allowed partly and C.R.P.No.173/2006 is dismissed. There will be no order as to costs. HARUN-UL-RASHID, Judge. kcv.