IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 CRP.No. 280 of 2005() --------------------- OP.336/1996 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM .................... REVN. PETITIONER: ADDITIONAL PETITIONERS ----------------------------- 1. PRABHAKARAN (DIED) 2. V.K.AMMINI, AGED 71 YEARS, W/O. PRABHAKARAN, PUTHARAYIL HOUSE, EROOR NORTH P.O., NADAMA VILLAGE, TRIPUNITHURA. 3. SMT.BINDU P.O., AGED 35 YEARS, D/O. PRABHAKARAN, PUTHARAYIL HOUSE, EROOR NORTH PO NADAMA VILLAGE, TRIPUNITHURA. 4. BEENA, AGED 33 YEARS, D/O. PRABHAKARAN, PUTHARAYIL HOUSE, EROOR NORTH P.O., NADAMA VILLAGE TRIPUNITHURA. BY ADV. SRI.A.RAMACHANDRAN NAIR SRI.R.SREERAJ SRI.S.D.ASOKAN SRI.NIDHI BALACHANDRAN SRI.ANIL R. NAIR RESPONDENT: RESPONDENT ----------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV.SRI. ANIL.K.S. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 280 of 2005 ------------------------------------------- Dated this the 12th day of June 2008 ORDER The revision petitioners are the petitioners in O.P (Ele) No. 336/1996 on the file of the Additional Sessions Judge's(Adhoc) Court, Ernakulam For the purpose of drawing Kalamasseri-Aroor 110 KV line, trees standing in the property of the revision petitioners were cut and removed by the Electricity Board. The respondent-Board fixed compensation at Rs. 19,563/- The court below considered the claim of the revision petitioners and re-fixed the compensation and awarded Rs. 4,27,814/- 2. The learned counsel for the revision petitioners contended before this Court that an extent of 5.25 Cents and 4.10 cents of lands are fully utilised for the erection of tower foot and the respondent-Board has constructed a retaining wall enclosing the tower foot area The court below found that this area cannot be untilised for any purpose. At the same time the court below awarded 60% as value of compensation for diminution in land value and injurious affection for the area covered by tower foots and 40% of the land value for the area affected by the drawing of electric line. The total extent covered by the two tower foots is 9.35 Cents It is submitted by the counsel for the revision petitioners that by the C.R.P No. 280 of 2005 -2- erection of tower foots in the property, the entire area covered by the tower foots is occupied by the respondent-Board According to them they are entitled to 100% of the land value for the area covered by the tower foots. 3. The revision petitioners also contended before this Court that respondent -Board has also taken possession of 9.35 cents of land . Since the entire area is utilised by the respondent-Board no doubt the revision petitioners are entitled to land value for the entire property . The market value of the property is fixed by the court below at Rs. 35,000/- Hence I award compensation at the rate of Rs. 35,000/- per Cent for the additional area possessed by the respondent -Board namely 9.35 Cents less the amount awarded. The award is modified to that extent. This Civil Revision is partly allowed There will be no order as to costs. HARUN-UL-RASHID, JUDGE es