IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID SATURDAY, THE 5TH JANUARY 2008 / 15TH POUSHA 1929 CRP.No. 509 of 2004 --------------------- OP ELE.146/1998 of II ADDL. DISTRICT COURT, PALAKKAD .................... REVN. PETITIONER: PETITIONER: ------------------------------------ PADMAVATHY, W/O. KOLANTHAVEL MURUKAN ALIAS MANI,MALLIKA NIVAS, KOYYAMMARAKKAD P.O., KANJIKODE, PUDUSSERY CENTRAL VILLAGE, PALAKKAD. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: RESPONDENTS: ----------------------------------- 1. KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 2. THE ASSISTANT EXECUTIVE ENGINEER, SUB STATION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, VENNAKKARA, PALAKKAD. 3. THE DEPUTY TAHSILDAR (LA), KERALA STATE ELECTRICITY BOARD, MALAPPURAM. 4. THE DEPUTY COLLECTOR (LA), KERALA STATE ELECTRICITY BOARD, KOZHIKODE. BY SRI. ASOK M.CHERIYAN, SC, KSEB 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. 509 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The claimant is the revision petitioner. By the order under challenge the court below held that, the petitioner is entitled to an additional compensation of Rs.1,04,020/- with interest at the rate of 6%. 2. The learned counsel for the petitioner pointed out that the percentage awarded at the rate of 15% for diminution in land value is too low and on a moderate estimate 30% diminution in land value should be awarded. Similarly, counsel submitted that the fixation of Rs.12,000/- per cent does not reflect the market value of the property. The trial court relied on the oral evidence and commissioner's report. The commissioner's report shows that the property is located in an important locality near to a river and an industrial area. The commission also reported that there is a road access to the property. PW1 testified that the distance between the National Highway and the property in question is only 25 meters and Ext.A5 property is similar and similarly situated. In Ext.A5 property the land value is Rs.28,571.42 per cent and therefore the fixation of C.R.P. No. 509 OF 2004 -:2:- Rs.12,000/- per cent is not justified, contended counsel for the petitioner. 3. I find some force in the contentions raised by the counsel for the petitioner. On a moderate estimate, the percentage usually fixed for the diminution of land value is 30%. There is no justification for limiting the percentage to 15% rather than 30%. Therefore, I am of the view that 30% can be fixed as the diminution of land value. Taking into account the potentiality of the land, its nearness to the industrial area and other factories, I consider that Rs.18,000/- per cent is the moderate rate. I am of the view that Rs.18,000/- can be fixed as the land value. Therefore, the petitioner is entitled to a compensation of Rs.1,62,000/- towards diminution of land value less the amount of Rs.54,000/- already paid. The Civil Revision Petition is partly allowed. Award is modified to the extent stated above. There is no order as to costs. The additional amount shall carry interest at the same rate fixed by the court below. (HARUN-UL-RASHID, JUDGE) ttb