IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 CRP.No. 455 of 2008() --------------------- OPEL..33/2005 of ADDL. DISTRICTALAPPUZHA. .................... REVN. PETITIONER: RESPONDENT ------------------------------------- KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT:PETITIONER ----------------------------- DEENAMMA, W/O.AUGUSTINE PUTHENPURAKKAL VEEDU AROOR VILLAGE, CHERTHALA TALUK. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.1319/2008 IN C.R.P.NO.455/2008 26.6.2008 DISMISSED Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S. To Judge M.Sasidharan Nambiar,J. ======================= C.R.P No.455 of 2008 ======================= Dated this the 26th day of June, 2008 O R D E R The Kerala State Electricity Board is challenging the enhanced compensation awarded by Additional District Court, Alappuzha in O.P.(Ele.) 33/2005 in favour of respondent for drawing Aroor- Kalamassery 110 KV line over the property of respondent in survey No.14/5-4 of Aroor Village. Rs.3067/- was awarded as compensation computing the compensation based on the value of the trees cut. Respondent filed a petition claiming enhanced compensation before the District Court. It was contended that due to the drawing of line, value of the property was diminished but no compensation was awarded. Learned District Judge based on Ext.A1 to A3 and B1 found that out of 4 cents belonging to the petitioner, 2 cents have been injuriously affected by the drawing of electric line. Relying on Ext.A3 land value was fixed at CRP 455/2008 2 Rs.20,000/- per cent. Learned District Judge granted an enhanced compensation of Rs.13588/- as compensation for the diminution of the land value. It is challenged in this petition. 2. Learned counsel appearing for petitioner was heard. 3. The argument of the learned counsel for petitioner is that there is no evidence to prove the land value of 2 cents has been injuriously affected as found by the learned District Judge. It was also argued that there is no evidence to fix the land value and the award is illegal and is to be set aside. 4. On hearing the learned counsel, I do not find any illegality or irregularity warranting interference in exercise of the revisional powers of this court. The total extent of the property available to the respondent is only 4 cents. 110 KV line is admittedly drawn over the property. It cannot be disputed that there would be a diminution of land value as respondent is prevented from CRP 455/2008 3 erecting any building or effecting improvements. It is on that basis learned District Judge found that diminution of land value will be 30%. In fact out of 4 cents, due to the line drawn over an extent of 2 cents, there would be injurious affection on the remaining property also. But learned District Judge limited it to only 2 cents. In such circumstance, I do not find any reason to interfere with that finding. The land value was fixed based on Ext.A3 sale deed and also taking into consideration the advantageous, I do not find any reason to interfere with the enhanced compensation which is just, fair and proper. Civil Revision Petition is dismissed. M.Sasidharan Nambiar Judge tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008