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. 501 of 2007 --------------------- OP (E.A) 79/2003 of ADDL.D.C. ,ALAPPUZHA. .................... REVN. PETITIONER: PETITIONER: ------------------------------------ JACOB, AGED 60 YEARS, S/O. CHACKO, MUPPARATHIL HOUSE, THALAVADY SOUTH MURI, THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.J.OM PRAKASH RESPONDENT: COUNTER PETITIONER: ------------------------------------------ POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY ITS MANAGER, LOCAL OFFICE, NANGIARKULANGARA, HARIPPAD. ADV. SRI.M.A.SHAFIK 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. No. 501 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The claimant is the petitioner herein. An amount of Rs.16,820/- was granted as additional compensation for the trees cut and removed from his property. 2. The counsel for the petitioner submitted that the property in question is more valuable than Ext.A13 property and therefore the market value of the land be fixed at any rate over and above Rs.20,000/-. Rs.20,000/- is the market of Ext.A13 property. The court below observed that the claimant did not take out a commission for the objective assessment of the potentiality of the land in comparison with Ext.A13 property. The counsel submitted that the fixation of Rs.8,000/- per cent is too low and requires modification. 3. I find some force in the contention raised by the counsel for the petitioner. It is true that there is no materials before the court to fix the market value of the property. On a rough estimate this Court fixes the market value at the rate of Rs.15,000/- per cent. Going by the lower court order, the area affected is 5 cents. The petitioner is C.R.P.No. 501 OF 2007 -:2:- thus entitled to an additional amount of Rs.22,500/- less the amount granted. In the result, this Civil Revision Petition is partly allowed. In modification of the order under challenge, the petitioner is entitled to an additional compensation of Rs.22,500/- less the amount granted by the court below with 6% interest from the date of cutting of trees till realisation. No order as to costs. (HARUN-UL-RASHID, JUDGE) ttb