IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 CRP.No. 498 of 2007() -------------------------------- OP(ELE).454/2002 of ADDL.DISTRICT COURT, ALAPPUZHA .................... REVN. PETITIONER(S): PETITIONER: -------------------------------- K. VIJAYAN PILLAI, AGED 47 YEARS, PAYIKATTU HOUSE, PALLICKAL NADUVIL, THEKKEKARA VILLAGE. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): COUNTER PETITIONER: --------------------------- POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY ITS MANAGER, LOCAL OFFICE AT NANGIARKULANGARA, HARIPAD. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/03/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.498 OF 2007 ---------------------------- DATED THIS THE 12TH DAY OF MARCH, 2009 O R D E R Claimant is the revision petitioner. This revision petition is directed against the oder in O.P.(EA).No.454/2002 on the file of the Additional District Judge, Alappuzha. For the purpose of drawing of 220 KV electric line, the Power Grid Corporation cut and removed the trees belonging to the claimant and an amount of Rs.26,436/- was awarded as compensation. But no amount was paid towards diminution in land value. 2. The claimant was examined as PW-1. He had produced Exts.A1 to A4. The court below, after considering the evidence of the claimant and Exts.A1 to A4, held that the claimant is entitled to get enhanced compensation on the basis of 5% annual return. The court below re-fixed the amount at Rs.47,430/- towards the total compensation for the trees cut. Thus, an additional amount of Rs.21,197/- was awarded. -2- CRP.No.498/2007 3. The learned counsel for the petitioner submitted that the court below went wrong in not awarding any amount towards the claim for diminution in land value. The court below had considered the question and held that the petitioner failed to adduce any evidence to prove the market value of the land and any portion of his property being injuriously affected. The court below held that in the absence of any acceptable evidence the claimant is not entitled to any compensation in this regard. It is a fact that 220 KV electric line is passing through the property of the petitioner. It is true that the petitioner did not adduce any evidence to prove either the market value of the property or the quantum of damages caused to his property due the drawal of the line. Therefore, the court below is justified in not awarding any amount as compensation under this head. 4. Taking into consideration the fact that 220KV line is passing through the property of the petitioner, at a moderate estimate, I find that the petitioner is entitled to minimum -3- CRP.No.498/2007 compensation of Rs.10,000/-. In the absence of any acceptable evidence, the petitioner cannot claim compensation over and above Rs.10,000/-. Accordingly, I fix an amount of Rs.10,000/- towards compensation for diminution in land value with 6% interest. The award passed by the court below is modified to the said extent. C.R.P. is partly allowed. Sd/- HARUN-UL-RASHID, Judge. kcv.