IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 CRP.No. 1247 of 2004() ---------------------- OP.(ELE.)151/1998 OF THE DISTRICT COURT, PALAKKAD .................... REVN. PETITIONER/ PETITIONER: --------------------------- P.MANI, S/O. PAZHANIYAPPA KONAR, KONAMPUTHUR P.O., KANJIKODE, PUDUSSERY CENTRAL VILLAGE, PALAKKAD. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 2. THE ASSISTANT EXECUTIVE ENGINEER, SUB STATION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, VENNAKKARA, PALAKKAD. 3. THE DEPUTY TAHSILDAR (LA), KERALA STATE ELECTRICITY BOARD, MALAPPURAM. 4. THE DEPUTY COLLECTOR (LA), KERALA STATE ELECTRICITY BOARD, KOZHIKODE. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.1247 OF 2004 ---------------------------- DATED THIS THE IST DAY OF JANUARY,2009 O R D E R The claimant in Electricity O.P. No.151/98 on the file of the District Court, Palakkad is the petitioner herein. The court below awarded an amount of Rs.38,230/- as additional compensation for the trees cut and removed for drawing of 110 KV Tower line from Panampally 220 KV Sub Station to Kanjikode Railway Track Sub Station. The court below held that the value fixed for the four species of trees mentioned in page 2 of the order is just and reasonable. Reasons are stated for not relying on the Commissioner's report. 2. Learned counsel for the revision petitioner submitted that Rs.3,000/- per cent fixed by the court below is too inadequate and does not reflect the market value of the land. I find some force in the argument of the learned counsel for the petitioner. I am of the view that the land value shall be re-fixed at the rate of Rs.5,000/- per cent, considering the potential value of the property and the importance of the location. The Commissioner reported -2- CRP.No.1247/2004 that two cents of land is occupied by the tower. Therefore, the claimant is entitled to Rs.10,000/- towards the land value of the area occupied by the tower. After deducting the amount granted by the court below, the petitioner is entitled to an additional compensation of Rs.4,000/-. 3. On the basis of the records, it can be seen that an extent of 30 cents of land are affected by the drawing of 400 KV electric line. Considering the market value of the property fixed at the rate of Rs.5,000/- per cent, the diminution in land value can be assessed at 30% of the market value. Therefore, the claimant is entitled to compensation of Rs.45,000/- less Rs.30,000/- awarded by the court below. The petitioner is entitled to additional compensation of Rs.19,000/- with interest at the rate of 8% from the date of petition till realisation. The award under challenge is modified. Petitioner is not entitled to any enhancement under any other heads. CRP is disposed of as above. No order as to costs. HARUN-UL-RASHID, Judge. kcv.