IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 CRP.No. 620 of 2004() --------------------- OPELE.3/1994 of I ADDL. DISTRICT COURT, KOLLAM .................... REVN. PETITIONER:PETITIONER ---------------------------------------------- USHAKUMARI D/O. SATIDEVI AMMA, NALUTHUNDIL VEEDU, OPP.CENEMA PARAMBU JUNCTION SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT/RESPONDENT: ---------------------------------------------- KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON 02/12/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No.620 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2011 ORDER This C.R.P. is filed by the petitioner in O.P.(Ele.) No.3 of 1994 on the file of First Additional District Court, Kollam. 2. For drawing 110 K.V. line through the property of the petitioner having an extent of 49 cents, the respondent/K.S.EB cut and removed valuable trees, which were standing thereon. The respondent gave Rs.25,198/- as compensation. The petitioner filed the above O.P. claiming enhancement of compensation. 3. The Additional District Judge on considering the evidence on record awarded Rs.7,200/- as compensation for the diminution in land value for 9 cents. Being dissatisfied with the amount awarded by the Additional District Judge, the petitioner filed this C.R.P. C.R.P. No.620 OF 2004 -: 2 :- 4. Heard learned counsel for the revision petitioner and learned counsel for the respondent. 5. Before the Additional District Court, the advocate commissioner filed Ext.C1 commission report stating that no building could be constructed in the portion of the property through which the electric line is drawn. The rough sketch prepared by the Commissioner shows that the electric line is drawn through almost middle of the property of the petitioner dividing the property into two portions. Learned counsel for the revision petitioner submits that due to the drawing of the electric line, 20 cents of property was injuriously affected and there is a diminution in land value at 40%. There is no dispute that 15 trees were cut and removed from the property of the revision petitioner for the drawing of electric line. Considering the area covered by the trees cut and removed, 15 cents can be taken as the area injuriously affected by the drawing of electric line and 20% can be assessed as percentage of diminution in land value. The Additional District Judge had taken the land value of the property as Rs.8,000/- per cent. Calculating on that C.R.P. No.620 OF 2004 -: 3 :- basis, the revision petitioner is entitled to get Rs.24,000/- as compensation for diminution in land value instead of Rs.7,200/- awarded by the Additional District Judge. 6. According this C.R.P. is allowed in part and the revision petitioner is allowed to realise a sum of Rs.24,000/- together with interest at the rate of 9% per annum on the above amount from the date of O.P. till the date of realisation from the respondent. There is no order as to costs. M. L. JOSEPH FRANCIS, (JUDGE) dl/