IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 CRP.No. 860 of 2005() --------------------- OPELE.307/2002 of ADDL.DISTRICT COURT,ALAPPUZHA. .................... REVN. PETITIONER: 1ST RESPONDENT: --------------------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.M.A.SHAFIK RESPONDENTS: ------------- 1. SMT. P. LEELA, W/O. SOMASHEKARA PANICKER, (EXPIRED), CHANDRA VILASOM, (PAPPADIYIL) BHARANKAVU SOUTH MURI, KATTANAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT. 2. SRI. C.S. THAMPAN, CHANDRA VILASOM, (PAPPADIYIL) BHARANIKAVU SOUTH MURI KATTANAM VILLAGE, MAVEIKARA TALUK, ALAPPUZHA DISTRICT. 3. C.S. ANIL, CHANDRA VILASAM, (PAPPADIYIL) BHARANIKAVU SOUTH MURI, KATTANAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT. R2 & R3 BY ADV. SRI.A.SHAFEEK THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 860 OF 2005 --------------------- Dated this the 12th day of March, 2008 ORDER This civil revision petition is preferred against the award of the Addl. District Judge, Alappuzha, in OP(Ele) 307/02 whereby the court below has awarded additional compensation of Rs.6,360/-. The court below enhanced the compensation for the value of trees cut and removed at Rs.2,759.677/- and Rs.3,600/- towards diminution of land value. It is true that court below has relied upon the decision of this court in Kumba Amma v. K.S.E.B. [2000 (1) KLT 542] wherein the court has ordered to take uniform annuity of 5% for calculation of compensation. But a perusal of the award would reveal that all other attending circumstances including the capacity of yielding etc. were taken into consideration before applying that dictum. Therefore, it cannot be said that the compensation fixed is arbitrary. So far as the diminution of land value is concerned, the court held that the area injuriously affected is only 2 cents and fixed the land value at the rate of Rs.6,000/- per cent basing upon the judgment of the Land Acquisition Court, the court below awarded Rs.3,600/- on that head. It appears to be only just and reasonable and the award does not call for any interference. The civil revision petition lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps