IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 CRP.No. 455 of 2007(E) --------------------------- OPEA.14/2003 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER(S): PETITIONER: ------------------------------------------ SURESH, S/O.PADMANABHAN, KOONAMPARAMBIL HOUSE, ARROR VILLAGE, ALAPPUZHA. BY ADV. SRI.SABU GEORGE RESPONDENT(S): RERSPONDENT: ----------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTH BHAVAN, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 455 OF 2007 = = = = = = = = = = = = = = = Dated this the 9th day of February, 2011. O R D E R This revision petition is preferred against the order of the Additional District Judge, Alappuzha in O.P.(E.A.) No.14/03. The Electricity Board has cut and removed certain trees from the property of the petitioner and a line has been drawn over the house of the petitioner. The Court on a consideration of the materials found that the utility has been affected to an extent of 3 cents of the property and calculated diminution value at 30% for Rs.15,000/- per cent and granted a sum of Rs.13,500/- as additional compensation. It is against that, the revision has been preferred. 2. Heard the counsel for the revision petitioner and the counsel for the K.S.E.B. The CRP NO. 455 of 2007 -:2:- point that germines for consideration is regarding the land value added for the amount. The applicant had relied upon two documents Exts.A2 and A4 to show the land value is at Rs.4,70,000/- per cent and Rs.30,000/- per cent. The Court after consideration of the materials was not satisfied and that it has nothing to do with the land that is under consideration. So this Court with the help of the parties had perused the Commissioner's report. The Commissioner's report would reveal that the electricity line is drawn right over the head of the house. The Commissioner has also reported that the house is situated not in a remote area but not a city but it is very near a place where there are churches, schools, hospitals, Banks etc. in and around the vicinity of 200 to 500 mtrs. It is also seen that near the part of the CRP NO. 455 of 2007 -:3:- land there is a marshy area. So taking into consideration of these aspects together I feel a reasonable amount of Rs.25,000/- per cent can be fixed as the land value and when 30% diminution of land value is granted it will come to Rs.22,500/- of which Rs.13,500/- is already awarded. Or in other words the revision petition is allowed and a revised award is passed for a sum of Rs.22,500/- with 7.5% interest from the date of cutting of the trees till realisation. I make it very clear this amount is a consolidated enhanced amount taking into consideration of Rs.13,500/- already awarded. M.N. KRISHNAN, JUDGE. ul/-