IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 CRP.No. 316 of 2004() --------------------- OP (EA).180/1998 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... REVN. PETITIONER: ------------------ THE SECRETARY, AMMENEZHATHU BHUVANESWARY KSHETHRA DEVASWOM, AROOR, CHERTHALA. BY ADV. SRI.A.KRISHNAN RESPONDENTS: ------------- THE K.S.E.BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.KODOTH SREEDHARAN, SC, KSEB FOR R1 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 316 of 2004 ------------------------------------------- Dated this the 25th day of July 2008 ORDER The Petitioner in O.P (EA) 180/98 on the file of the District Judge, Alappuzha is the revision petitioner herein. The revision petitioner disputes the total area injuriously affected due to the installation of the tower. According to him, 10 Cents of property has been taken by the K.S.E.B. for the purpose of installation of the tower. Ext.A2 is the report submitted by the Commissioner in which it is stated that an extent of 9.564 Cents was the exact area utilised by the Board for the purpose of erecting the tower. The Commissioner was examined as PW2 and the report was proved through him. The court below found that the K.S.E.B. not at all disputed the erection of the tower and the evidence of PW2 also remains unchallenged. The court below fixed the area injuriously affected as 6 Cents relying on Ext.A1 judgment in O.P (E.A) 213/1997 between the same parties. The court below fixed the compensation for the 6 cents of land which was injuriously affected, at the rate of 20,000/- per Cent. Thus the court below awarded Rs.1,20,000/- as compensation for the property utilised for erecting the tower. The learned counsel for the revision petitioner pointed out that the total area affected by the installation of tower is not 6 Cents as indicated by the court below . As per the Commission report the area taken for the C.R.P No. 316 of 2004 -2- erection of the tower is 9.564 Cents. I find that there is no reason for not to rely on the Commission report which remains unchallenged. I am of the view that the extent of land utilised for the installation of the tower is 9.564 Cents and the revision petitioner is entitled to compensation for the said extent. Accordingly the order under challenge is modified. The revision petitioner is entitled to get an additional compensation of Rs. 71,200/- for the balance extent of land ( 9.564 Cents- 6 Cents)with interest at the rate of 6% per annum from the date of installation of the tower till realisation. The court below awarded interest at the rate of 6% per annum for the additional compensation from the date of cutting of trees till realisation. It is made clear that the rate of interest for the entire compensation including the compensation granted by the court below, shall be from the date of installation of the tower i.e 28.5.1997 till realisation. In the result, this Civil Revision Petition is allowed and the order passed by the court below is modified. The Civil Revision petitioner is entitled to an additional compensation of Rs. 71,200/- with 6% interest from the date of installation of the tower i.e 28.5.1997 till realisation. There will be no order as to costs. HARUN-UL-RASHID, JUDGE es