IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 CRP.No. 616 of 2008(C) ---------------------- OP(EA).66/2008 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER: PETITIONER/PETITIONER ---------------------------------------------------------------- THRESIAKUTTY, W/O.GEORGE, PERUMPALLIL HOUSE (FROM THOTTANKARA), AROOR VILLAGE, CHERTHALA, ALAPPUZHA. BY ADV. SRI.SABU GEORGE RESPONDENT: RESPONDENT --------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VIDYUTH BHAVAN, THIRUVANANTHAPURAM. ADV. SRI. PULIKOOL ABOOBACKER, SC KSEB ASOK M.CHERIYAN, SC, KSEB THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2011, ALONG WITH CRP NO.704 OF 2008. THE COURT ON 13/12/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J. ----------------------------------------------- C.R.P. Nos.616 & 704 of 2008 ----------------------------------------------- Dated 13th December, 2011. O R D E R C.R.P.No.616/08 is filed by the petitioner in O.P.(Ele) No.66/2005 on the file of Additional District Court, Alappuzha and C.R.P.No.704/2008 is filed by the respondent/KSEB in that case. 2. O.P.(Ele) No.66/05 is filed by the petitioner under Sections 10 to 16 of the Indian Telegraph Act read with Section 51 of the Indian Electricity Act. The case of the petitioner in the said Original Petition is as follows : The respondent cut and removed certain trees from the property of the petitioner in Sy.No.421/12-3 of Aroor Village for drawing Aroor - Kalamassery 110 KV high tension line over the property for which a compensation of Rs.10,589/- was awarded, which she received under protest. Challenging the award as illegal and unreasonable, the O.P. was filed seeking additional compensation for the trees cut and also claiming compensation for diminution in land value. 3. Respondent filed objections, contending that adequate compensation was awarded, taking into consideration CRP No.616 & 704/08 2 all the relevant aspects and hence no additional amount is payable under any head. 4. In the Additional District Court, Exts.A1, B1 and C1 were marked. The learned Additional District Judge, on considering the evidence awarded Rs.6,899/- as enhanced compensation for the yielding trees cut and removed and Rs.24,000/- was awarded as compensation for diminution in land value and thus in total, Rs.30,899/- was awarded with 6% interest from the date of cutting of trees, till realization from the respondent. Against that order, the respondent/KSEB filed C.R.P.No.704/08 and the petitioner filed C.R.P.No.616/08 claiming additional compensation for diminution in land value. 5. Heard both sides. 6. The main dispute between the parties is with regard to the compensation awarded towards diminution in land value. The total extent of property owned by the petitioner in O.P.66/05 is 10 cents. According to the petitioner, due to the drawal of 110 KV. high tension line through that property, 5 cents of her property is injuriously affected. The Advocate Commissioner, who inspected the property reported CRP No.616 & 704/08 3 that the area injuriously affected is 5 cents. But, the learned Additional District Judge has taken only 4 cents as the area injuriously affected by the drawal of electric line. Since there is no justification for ignoring Ext.C1 report, I am of the view that based on Ext.C1 commission report, 5 cents can be assessed as the extent of property injuriously affected. The petitioner produced Ext.A1 sale deed No.1586/06 dated 12.6.2006, by which M/s.Malayala Manorama Company Limited purchased 6 cents of property in survey No.419/3/3 in Aroor Village for Rs.14,00,000/-. Based on that document, the learned Additional District Judge assessed the market value of the property as Rs.20,000/- per cent. 7. Learned counsel for the petitioner in C.R.P.616/08 produced a copy of the order of this court in C.R.P.485/10 and C.R.P.23/11 dated 27.7.2011, in which, this Court, based on Ext.A1, assessed the market value of the land in that case, which was 700 meters away from Ext.A1 property, as Rs.40,000/- per cent. In the present case, the property is situated only 400 meters away from Ext.A1 property. Therefore, based on the order of this Court in C.R.P.485/10, I CRP No.616 & 704/08 4 fix the market value of the land as Rs.40,000/- per cent. 8. The learned Additional District Judge has taken 30% as the diminution in land value. Calculating on that basis, petitioner in O.P.66/05 is entitled to get Rs.60,000/- as total compensation for diminution in land value for 5 cents. Deducting Rs.24,000/- already awarded by the learned Additional District Judge, the petitioner is entitled to get Rs.36,000/- as additional enhanced compensation for diminution in the land value. Accordingly, C.R.P.616/08 filed by the petitioner in O.P.66/05 is allowed and the petitioner in that O.P. is allowed to realize a sum of Rs.36,000/- more as enhanced compensation for diminution in land value, in addition to the compensation already awarded, together with interest at the rate of 6% per annum from the date of the O.P. till date of realization from the respondent. C.R.P.No.704/08 is dismissed as it is without any merits. There is no order as to costs. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs