IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 CRP.No. 775 of 2006() --------------------- OP.486/2004 of ADDL. DISTRICT COURT-II, KOZHIKODE .................... REVN. PETITIONER: PETITIONER ------------------------------- SATHIAN, S/O.RARU KUTTY, KOYIKKUNNATH HOUSE, P.O.MALAYAMMA, KOZHIKODE TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): RESPONDENTS -------------------------- KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VIDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------- C.R.P.NO. 775 OF 2006 (G) ---------------------------------- Dated this the 27th day of January, 2009 O R D E R Revision petitioner is the claimant in O.P.No.486 of 2004 on the file of the court of the District Judge, Kozhikode. By the impugned order dated 13-3-2006, the court below fixed additional compensation and directed the Electricity Board to pay Rs.14,080/- with 6% interest per annum. 2. The counsel for the revision petitioner contended before this Court that 4 yielding Arecanut trees aged 3 to 5 years were cut and removed. The revision petitioner used to get 500 to 700 Arecanuts from each tree annually and therefore, he is entitled to Rs.10,000/- as compensation for the Areconut trees cut. It is also submitted that trees like teak, uputhy, jack tree etc. were also cut and no compensation was awarded for the said trees. The revision petitioner also contended that the fixation of C.R.P.No.775 of 2006 - 2 - the land value for the diminution in land value is not adequate and reasonable. I find that the contention of the petitioner for the Arecanut trees and for other trees cut and removed from the property, a consolidated amount of Rs.7,500/- is awarded as compensation. For the diminution in land value, there is no evidence on record to prove the market value of the property. The revision petitioner claimed Rs.15,000/- to Rs.20,000/- as market value of the property. There is no dispute regarding the area affected as 7 cents. The court below fixed Rs.4,000/- per cent towards land value and fixed the affected area as 7 cents. The market value fixed by the court below is on the bottom level and the Commissioner also reported that the property of the petitioner is situated 25 kms. away from Kozhikode town. Taking into consideration, the value of the property prevailing in the locality at the time of cutting, I am of the view that Rs.10,000/- per cent can be fixed as the reasonable market value of the property. 20% of the land value can be awarded as compensation C.R.P.No.775 of 2006 - 3 - for diminution in land value. Thus, the revision petitioner is entitled to get Rs.8,400/- (Rs.14,000 - Rs.5,600) as additional compensation. Thus, the revision petitioner is entitled to get an additional compensation of Rs.15,900/- under the above two heads. The award passed by the court below is modified to that extent. Civil Revision Petition is disposed of as above. HARUN-UL-RASHID, JUDGE skr