IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 CRP.No. 822 of 2006() --------------------- OP (ELE).4/2002 of ADDL.DISTRICT COURT-I,MAVELIKKARA .................... REVN. PETITIONER(S): RESPONDENT -------------------------------- KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER -------------------------- SRI. C.I. PAPACHAN, CHAMAKALAYIL VEEDU, AYRANIKUDY P.O., CHERUKHAMURI, NOORANADU VILLAGE. ADV. SRI.JIJI MATHEW FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 3027 OF 2006 IN C.R.P. NO. 822 OF 2006 DISMISSED SD/- HARUN-UL-RASHID, JUDGE 8.1.2009 HARUN-UL-RASHID, J. ---------------------------------------- C.R.P.No. 822 of 2006 ---------------------------------------- Dated this the 8th day of January , 2009 ORDER Kerala State Electricity Board is the revision petitioner herein . This revision petition is directed against the common award in O.P (Ele) 4/2002 on the file of the Additional District Judge, Mavalikara. 2. 31 rubber trees and some anjili trees belonging to the respondent/claimant were cut and removed for the purpose of drawing 110 K.V electric line . The Board awarded Rs. 19,463/- as compensation to the respondent/claimant. The respondent/claimant contended before this Court that the award amount is very low and claimed Rs. 1,10,000/- as compensation for the trees cut and removed. According to him the utility of 13 Cents has been lost on account of the drawing of the electric line. He also claimed Rs.20,000/- per Cent as market value for the property and restricted his claim at 70% of the market value of 13 Cents as compensation for diminution in land value and claimed 50% of diminution in land value for the remaining area . 3. The court below considered the question as to whether the respondent/claimant is entitled to compensation towards diminution in land value. Based on the Commissioner's report the court below found that the line is drawn for a length of 40 meters and for a width of 7 meters through the property and beyond the line certain portion is also required for clearance of the line. Though the respondent/claimant claimed Rs.15,000/- per Cent as market value for the property, he has not C.R.P. No. 822 of 2006 -2- produced any document to prove the claim. Considering the materials and evidence on record , the court below fixed Rs. 4,000/- as market value for the property and fixed 15% of the said market value as diminution in land value . The court below concluded that the amount payable for the trees cut and removed will come to Rs. 42,868.70 paise and after deducting the amount already awarded i.e Rs. 19,483/-, the balance will come to Rs. 23,386/- The court below further held that 6 Cents of property is affected on account of the drawing of the line line and therefore the petitioner is also entitled to Rs. 3,600/- as additional compensation under the head diminution in land value. So in all the petitioner is entitled to Rs. 28,986/- as enhanced compensation with 6% interest from the date of petition and proportionate cost. I am of the view that the grant of additional compensation awarded by the court below is based on evidence and materials on record, therefore,just and reasonable. No grounds are made out in this revision petition to interfere with the impugned award of the court below granting the additional compensation. Therefore I am not inclined to take a different view in this matter . This Civil Revision Petition is accordingly dismissed. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- C.R.P No. 822 of 2006 ---------------------------- ORDER 8th January , 2009