IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 CRP.No. 371 of 2007(E) --------------------- OPELE.73/2001 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... REVN. PETITIONER: IST RESPONDENT --------------------------------------------- POWER GRID CORPORATION OF INDIA LTD., LOCAL OFFICE, NANGIARKULANGARA, KAYAMKULAM, REP. BY ITS MANAGER. BY ADV. SRI.M.A.SHAFIK RESPONDENT: PETITIONER --------------------------------- SMT.BHARATHI AMMA, D/O.NANIAMMA, AGED 56 YEARS, THUNDITHARA THEKKETHIL, MUNDAPPALLY, PARAKUTTAM, PERINGANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA. BY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 371 OF 2007 = = = = = = = = = = = = = = = Dated this the 9th day of January, 2008. O R D E R This revision petition is preferred against the award of the Addl. District Judge, Pathanamthitta in O.P.(Ele.)73/01 whereby the Court has awarded an additional compensation of Rs.17,079/-. A perusal of the award would reveal that the Court has enhanced the compensation of Rs.2079/- for trees and Rs.15,000/- for diminution in land value. So far as the trees are concerned it is true that the Court has followed the dictum laid down in Kumba Amma v. K.S.E.B. (2000(1) KLT 542). The Court has given its own reasons and the Apex Court's decision in K.S.E.B. v. Livisha (2007 (3) KLT page 1) only states that each case has to be considered n the facts and circumstances of that case. 5% return on the facts and circumstances of this case only appears to be very reasonable and only an enhanced amount of Rs.2079/- is awarded under that head. Therefore it does not call for any interference. CRP NO. 371 of 2007 -:2:- So far as the diminution in land value is concerned the Court has relied upon the Commissioner's report, Exts.C1 to C3. The Court found that 10 cents of land is affected. The Court also found that the property is situated in a busy area which is adjacent to a public road and which is a place of commercial importance, it is only taken as Rs.5000/- as the value per cent and had awarded 30% for the diminution in land value. Going by the materials available that also appears to be just and reasonable. Therefore, the award does not suffer from any infirmity and the C.R.P. is dismissed. M.N. KRISHNAN, JUDGE. ul/-