IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 CRP.No. 269 of 2008() --------------------- OPELE.72/2003 of ADDL.DISTRICT COURT-I,MAVELIKKARA .................... REVN. PETITIONER: 1ST RESPONDENT -------------------------------- POWER GRID CORPORATION OF INDIA LTD. LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM REPRESENTED BY ITS DEPUTY GENERAL MANAGER. BY ADV. SRI.M.A.SHAFIK RESPONDENTS: PETITIONER ----------------------- SMT. ANNAMMA ALEXANDER KOTTARATHIL PARAMBIL, CHERUTHANA, ANARIL. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.269 of 2008 ------------------------------- Dated this the 27th May, 2008. O R D E R Power Grid Corporation of India filed this revision challenging the order of Additional District Judge, Mavelikara, awarding enhanced compensation in O.P. (Ele) No.72/03, for the purpose of drawing Kayamkulam-Pallam 220 K.V. electric line and fixing a tower. Petitioner cut and removed paddy and also trees, and awarded only a compensation of Rs.3097/=. Respondent filed the Original Petition claiming enhanced compensation before the District Court. He claimed enhanced compensation for the value of the trees cut, as well as for diminution of land value. The Additional District Judge, on the evidence, found that the effected property by drawing the line is 1250 sq. meters and the compensation awarded is inadequate, and fixed the land value at the rate of Rs.2500/= per cent. Holding that there is diminution of land value to the extent of 15%, Court awarded a total amount of Rs.11,718.75 as enhanced compensation. Though enhanced compensation was claimed for the value of trees, Additional District Judge did not award the same, as no evidence was adduced. CRP.No.269/2008 2 2. The learned counsel appearing for the petitioner argued that there is no evidence to show the basis for enhanced land value or for awarding 15% diminution of land value, and in such circumstances, the award is to be set aside. On going through the order of the learned Additional District Judge, I do not find any illegality or irregularity warranting interference in exercise of the powers of this Court under Section 115 of Code of Civil Procedure. Land value fixed by the court is only Rs.2500/= per cent. The diminution of land value awarded was only 15%. Though it is argued that claimant could cultivate under the transmission line, it cannot be disputed that the drawing of transmission of electric line will cause diminution of the land value . The enhanced compensation awarded was only Rs.11,719/=. In such circumstances, revision petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.