IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 CRP.No. 505 of 2004() ------------------------------- OPEA.4/2001 of ADDL.DISTRICT COURT,KOTTAYAM .................... REVN. PETITIONER: 3RD RESPONDENT ------------------------------ POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: PETITIONER ----------------------- P.S.JOHNSON, S/O.DEVASIA SCARIAH, CHAIACKAI PARACHIRAYIL HOUSE, MULAKKUNNAM KARA, KURICHI VILLAGE, CHANGANACHERRY. BY ADV. SRI.PHILIP T.VARGHESE SRI.ANIL NAMBOODIRI THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 505 OF 2004 --------------------- Dated this the 14thday of February, 2008 ORDER This civil revision petition is preferred against the award of the Additional District Judge, Kottayam in E.A. OP No. 4/01. 2. By the said award, the court has awarded an enhanced compensation of Rs.19,615/- that is a sum of Rs.17,215/- for value of the trees cut and Rs.2,400/- towards diminution of land value. It is true that the court has applied the principles laid down 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. The Apex court in K.S.E.B. v. Livisha [2007 (3) KLT 1] held that each case has to be considered on the facts and circumstances of that case. Just because 5% annuity is taken, it shall not be thought that it is incorrect, if there are sufficient evidence and materials to prove it. In this case 9 coconut trees and two rubber trees were cut. The court had taken into consideration the yielding capacity, age of the trees etc. and after applying the principles, fixed the compensation. C.R.P. NO.505/04 2 3. Therefore I do not find that the award is passed purely on the basis of the decision referred above. So far as the diminution of the land value is concerned, the court fixed the land value at Rs.4,000/- per cent considered that six cents of land are affected by drawing of the line and fixed the diminution of the land value at 10% and awarded compensation of Rs.2,400/-. It is also done on the proper basis and therefore the compensation awarded is only just and adequate ,which does not all for any interference. Civil revision petition lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps C.R.P. NO.505/04 3